Terms and conditions

Table of Contents

1. Scope of application
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. Liability
9. Special conditions for the processing of goods according to certain customer specifications
10. Special conditions for assembly/installation services
11. Redemption of promotional vouchers
12. Redemption of gift vouchers
13. Applicable law
14. Jurisdiction
15. Code of conduct
16. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Licht-Design Skapetze GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and 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.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise in this regard.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

1.5 If the Customer's delivery and billing address is in Switzerland or Liechtenstein, the following conditions shall apply with the proviso that, instead of the Seller, MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf") becomes the Customer's contractual partner. In this case, the Seller acts merely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase agreement. The Customer is expressly informed of this in the Seller's online shop. In this case, MeinEinkauf is responsible for 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 disruptions to performance, in particular when the Customer asserts warranty claims for defects.

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 are intended to enable the Customer to submit a binding offer.

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 cart and completing the electronic order 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 order process. Furthermore, the Customer may also submit the offer to the Seller by email, via the online contact form, by post or by telephone.

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 (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when the first of the aforementioned alternatives occurs. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at 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 a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via 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/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller’s online order form, the contract text will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. Any further making available of the contract text by the seller will not take place. If the customer has set up a user account in the seller’s online shop before sending the 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 using the relevant login data.

2.6 Before placing a binding 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 detecting input errors can be the browser’s zoom function, which enlarges 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 the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is available in the online shop shown.

2.8 Order 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

3.1 Consumers are generally entitled to a right of withdrawal.

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

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs incurred will be stated 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 must 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). Such costs may also arise in connection with the transfer of money even 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.

4.3 The available payment method(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service provider "PayPal" is selected, payment processing is carried out 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 in which it makes advance payment to the customer (e.g. purchase on account or instalment 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 transmitted. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative 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, payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains also responsible for general customer inquiries in the event of an assignment of receivables, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and return shipments, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" 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 are communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services for which special payment conditions may apply; the customer will be informed of these separately if applicable. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the payment service „Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter „Klarna“). Further information and the terms and conditions of Klarna in this regard can be viewed here:

https://skapetze.com/zahlungsarten

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address stated in the seller's order processing shall be decisive.

5.2 For goods delivered by freight carrier, delivery shall be made "kerbside", i.e. to the public kerb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If 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 shall not apply to the costs of outbound shipping if the customer effectively exercises their right of withdrawal. For return shipping costs, the provision set out in the seller's withdrawal instructions shall apply if the customer effectively exercises their right of withdrawal.

5.4 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 handed the item over to the carrier, the freight forwarder or the other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass only upon handover of the goods to the customer or an authorised recipient. By way of derogation from the above, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer as a consumer as soon as the seller has handed the item over to the carrier, the freight forwarder or the other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder or the person or agency otherwise designated to carry out the shipment is commissioned to do so and the Seller has not previously named this person or agency to the customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the Seller’s responsibility and that the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.6 If the Seller offers the goods for collection, the customer may collect the ordered goods during the business hours stated by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

• by download
• by e-mail
• by post

6) Retention of title

If the Seller makes an advance payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided below, the provisions of statutory liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period shall not restart if a replacement delivery is made במסגרת liability for defects.

7.2 If the customer acts as a consumer, in contracts for the delivery of used goods, subject to the following provision: the limitation period for defect claims shall be one year from delivery of the goods if this has been expressly and separately agreed between the parties by contract and the customer was specifically informed of the shortening of the limitation period before making their contractual declaration.

7.3 The above limitations of liability and reductions of limitation periods shall not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the Seller fraudulently concealed the defect,
• to goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the Goods as approved.

7.6 If the customer is acting as a consumer, they are requested to complain to the delivery agent about 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 tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable without limitation for any legal reason

• in cases of intent or gross negligence,
• in cases of negligent or intentional injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If 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 pursuant to the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place and on whose observance the customer may regularly rely.

8.3 Otherwise, liability of the seller is excluded.

8.4 The 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

9.1 If, according to the content of the contract, the seller is also obliged, in addition to the delivery of goods, to process the goods according to specific customer specifications, 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 for this purpose. The customer alone is responsible for procuring and acquiring the rights to such 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 by this, in particular copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against third-party claims that such third parties may assert against the seller in connection with an infringement of their rights through the seller's contractual use of the customer's content. In this context, the customer shall also bear the necessary costs of legal defence, including all court and attorney's fees at the statutory rate. 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 obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and for a defence.

9.3 The seller reserves the right to reject processing orders if the contents provided by the customer in this context violate statutory or regulatory prohibitions or the good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Special conditions for assembly/installation services

If, according to the content of the contract, the Seller owes not only the delivery of goods but also the assembly or installation of the goods at the customer’s premises as well as, where applicable, corresponding preparatory measures (e.g. measuring), the following shall apply:

10.1 The Seller shall provide its services, at its discretion, in its own person or through qualified personnel selected by it. The Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s service description, the customer is not entitled to choose a specific person to perform the requested service.

10.2 The customer shall provide the Seller with all information necessary for the performance of the owed service completely and truthfully, unless procuring such information is, according to the content of the contract, part of the Seller’s obligations.

10.3 After conclusion of the contract, the Seller will contact the customer in order to agree on an appointment for the owed service. The customer shall ensure that the Seller or the personnel commissioned by it have access to the relevant facilities of the customer at the agreed appointment.

10.4 The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer only upon completion of the assembly work and handover to the customer.

11) Redemption of promotional vouchers

11.1 Vouchers 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 within the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 If the promotional voucher relates to a specific amount and not to a percentage discount, the 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.

11.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.8 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.

11.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher in returned under the terms of its statutory right of withdrawal.

11.10 The promotional voucher is transferable. The seller may 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 of, or grossly negligent ignorance regarding, the lack of entitlement, legal incapacity, or lack of authority to represent of the respective holder.

12) Redemption of gift vouchers

12.1 Vouchers 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.

12.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.

12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

12.5 If 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 pay the difference.

12.6 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

12.7 The gift voucher is transferable. The seller may 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 of, or grossly negligent ignorance regarding, the lack of entitlement, legal incapacity, or lack of authority to represent of the respective holder.

13) Applicable law

13.1 All 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. For consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

13.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union.

14) Jurisdiction

If the customer acts as 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 shall be the seller's place of business. If the customer's registered office is 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. However, in the above cases, the seller shall in any case be entitled to bring the court to call at the customer’s premises.

15) Code of Conduct

• The Seller has agreed to the participation terms 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 agreed to the guidelines for „Google Customer Reviews“, which can be viewed on the Internet at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.
• The Seller has agreed to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

16) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.