Table of Contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Special conditions for the processing of goods according to specific customer specifications
- Special conditions for assembly/installation services
- Redemption of promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Place of jurisdiction
- Code of conduct
- Alternative dispute resolution
1) Scope
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Licht-Design Skapetze GmbH & Co. KG (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5If the customer's delivery and billing address is in Switzerland or Liechtenstein, the following terms and conditions apply with the proviso that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf") becomes the customer's contractual partner instead of the seller. In this case, the seller acts solely as an intermediary between the customer and MeinEinkauf and does not itself become a party to the purchase contract. The customer is expressly informed of this in the seller's online shop. In this case, MeinEinkauf is responsible for the contract processing. In this case, the seller handles correspondence with the customer on behalf of MeinEinkauf. This also applies to correspondence in connection with any service disruptions, in particular when the customer asserts rights arising from defects.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2The customer can submit the offer using 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 submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form, post, or telephone.
2.3The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by sending the customer the ordered Goods are delivered, whereby the date of receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order
.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4If a payment method offered by PayPal is selected, payment will be 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: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after the contract is concluded and transmitted 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 in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.
2.6Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.
2.7Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8Order processing and contact are usually carried out by 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, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may be incurred 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 money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union
.4.3The payment option(s) will be communicated to the customer in the seller's online shop.
4.4If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5If a payment method offered via the "PayPal" payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which it makes advance payments to the customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, revocation declarations and returns, or credit notes.
4.6If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com
4.7If you select a payment method offered via the "Klarna" payment service, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://skapetze.
5) Delivery and shipping conditions
5.1If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2For goods delivered by a shipping company, delivery is "free kerbside," i.e., to the public kerbside closest to the delivery address, unless otherwise specified in the shipping information in the seller's online shop and unless otherwise agreed.
5.3If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's withdrawal policy shall apply to the return shipping costs.
5.4If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.
5.5The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This only applies if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.6If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
5.7Vouchers are provided to the customer as follows:
- via download
- via Email
- Postal address
6) Retention of
title If the seller makes advance deliveries, it retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.1If the customer is acting as an entrepreneur,
- the seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for warranty claims is one year from delivery of the goods;
- defect rights are excluded for used goods;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2If the customer is acting as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed between the parties and the customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3The above limitations of liability and shortening of time limits do not apply
- to claims for damages and reimbursement of expenses by the customer
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.4In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB.
If
the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.
7.6If the customer is acting as a consumer, they are requested to complain to the delivery agent about any goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
8) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:
8.1The seller shall be liable without limitation for any legal reason
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb, or health,
- on the basis of a guarantee promise, unless otherwise specified,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
8.3Otherwise, any liability on the part of the seller is excluded.
8.4The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer specifications
9.1If, according to the content of the contract, the seller is also responsible for processing the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.
9.2The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
9.3The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10) Special conditions for assembly/installation services
If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises and, if necessary, for the corresponding preparatory measures (e.g., measurements), the following shall apply:
10.1The seller shall perform its services at its discretion either in person or through qualified personnel selected by it. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller's service description, the customer shall not be entitled to select a specific person to perform the desired service.
10.2The customer shall provide the seller with all information necessary for the performance of the service owed in a complete and truthful manner, unless the procurement of such information does not fall within the scope of the seller's obligations under the contract.
10.3After conclusion of the contract, the seller shall contact the customer to agree on a date for the performance of the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities on the agreed date.
10.4The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.
11) Redemption of promotional vouchers
11.1Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
11.2Promotional vouchers can only be redeemed by consumers.
11.3Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.
11.4Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.5Only one promotional voucher can be redeemed per order.
11.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.7If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
11.8The credit balance of a promotional voucher will not be paid out in cash or bear interest.
11.9The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
11.10The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.
12) Redemption of gift vouchers
12.1Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
12.2Gift vouchers and remaining credit from gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining credit will be credited to the customer until the expiry date.
12.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4Several gift vouchers can be redeemed for one order.
12.5Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
12.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
12.7The credit balance of a gift voucher will not be paid out in cash or bear interest.
12.8The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.
13) Applicable law
13.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence.
13.2Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
14) Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
15) Code of Conduct
- The seller has submitted to the conditions of participation for the e-commerce initiative "Fairness in Trade," which can be viewed on the Internet at https://www.fairness-im-handel.de
/teilnahmebedingungen/. - The seller has submitted to the guidelines for "Google Customer Reviews," which can be viewed on the Internet at https://support.google.com
/merchants ./answer/14629803 ?hl=en &ref_topic=14629086 - The seller has agreed to comply with the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com
/tsdocument/TS_QUALITY_CRITERIA_en.pdf
16) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
