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 Specific Customer Specifications
10. Special Conditions for Assembly/Installation Services
11. Redemption of Promotional Vouchers
12. Redemption of Gift Vouchers
13. Applicable Law
14. Place of Jurisdiction
15. Code of Conduct
16. Alternative Dispute Resolution

1) Scope of Application

1.1 These 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 regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

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

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 their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent 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 contractual partner of the Customer. 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 agreement. The Customer is expressly informed of this in the Seller's online shop. MeinEinkauf is responsible for contract processing in this case. The Seller will in this case handle correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence in connection with any disruptions in performance, in particular when the Customer asserts 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 serve 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 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 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 email), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
• by delivering the ordered Goods are delivered, whereby in this respect the receipt of the goods by the customer is decisive, or
• by requesting the customer to make payment after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which 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 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 his 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 moment the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has submitted the order. Any further making available of the contract text by the seller does not take place. If the customer has created a user account in the seller's online shop before submitting the order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account using the corresponding login data.

2.6 Before submitting 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 detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

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

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, if spam filters are used, the customer must ensure that all e-mails 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 payment option(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 "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 for which it makes advance payment to the customer (e.g. invoice purchase or instalment payment), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. 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 in the agreed payment intervals. In this case, payment can only be made to PayPal or to the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, 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. For processing payments, Stripe may use additional payment services, for which special payment conditions may apply and to which the customer may be separately referred. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de available.

4.7 If a payment method offered via the payment service “Apple Pay” is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the customer in the seller’s online shop. Apple may use other payment services to process payments, for which special payment conditions may apply and of which the customer may be informed separately. Further information on Apple Pay is available on the Internet at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via the payment service “Google Pay” is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the customer in the seller’s online shop. Google may use other payment services to process payments, for which special payment conditions may apply and of which the customer may be informed separately. Further information on Google Pay is available on the Internet at https://pay.google.com/intl/de_de/about/.

4.9 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 Klarna’s terms and conditions can be found 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. When processing the transaction, the delivery address specified in the seller’s order process shall be decisive.

5.2 For goods delivered by freight carrier, delivery shall be “curbside”, i.e. to the public curb 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 with respect to the costs of outward shipment if the customer effectively exercises their right of withdrawal. In the event of the customer’s effective exercise of the right of withdrawal, the seller’s withdrawal policy shall apply to the return shipping costs.

5.4 If the customer is acting 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 freight forwarder, carrier, or 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 sold goods generally passes only upon handover of the goods to the customer or an authorized recipient. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to consumers already upon Customers, once the seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the seller is not responsible for the non-delivery and 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 non-availability or only partial availability of the goods, the customer will be informed without delay and the consideration will be refunded without delay.

5.6 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified 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 email
• by post

6) Retention of title

If the seller makes advance performance, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of 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 is one year from delivery of the goods if this has been expressly and separately agreed between the parties contractually and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

7.3 The above liability restrictions and shortening of deadlines 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,
• to goods that have been used for a building in accordance with their normal use 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), he is 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 regulated there, the goods shall be deemed approved.

7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. 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 claims in tort, 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 wilful or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this regard,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Material 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 makes the proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely.

8.3 Otherwise, the seller's liability 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 certain specifications of the customer

9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant the seller the necessary rights of use for this purpose. The customer alone shall be responsible for procuring and acquiring the rights to these contents. The customer declares and assumes responsibility for having the right to use the contents provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed by this, especially copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against claims by third parties which they 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 doing so, the customer shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller with all information necessary for the examination of the claims and for a defence without delay, truthfully and in full.

9.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates statutory or official prohibitions or good morals. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to young persons 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 and, if applicable, corresponding preparatory measures (e.g. measurements), then for the following:

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

10.2 The Customer shall provide the Seller with all information necessary for the provision of the owed service completely and truthfully, unless procuring such information is not part of the Seller’s obligations under the terms of the contract.

10.3 After conclusion of the contract, the Seller will contact the Customer to arrange an appointment for the owed service. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the relevant Customer premises at the agreed time.

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

11) Redemption of promotional vouchers

11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which 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.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher promotion if the content of the promotional voucher includes a corresponding restriction.

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

11.5 Only one promotional voucher can be redeemed per order.

11.6 If the promotional voucher refers to a specific value 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 balance will not be refunded by the Seller.

11.7 If the value of the promotional voucher is not sufficient 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 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 goods paid for in whole or in part with the promotional voucher under their 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 shall not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder’s lack of entitlement, legal incapacity, or lack of authority to represent.

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 in 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 completion of the order process. 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 chosen to settle the difference.

12.6 The credit 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, with discharging effect, make payment 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 of, the lack of authorisation, legal incapacity, or lack of power of representation of the respective holder.

13) Applicable law

13.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

13.2 Furthermore, this choice of law regarding the statutory right of cancellation 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.

14) Place of 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 has its registered office 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 aforementioned cases, however, the seller shall in any case be entitled to bring proceedings before the court at the customer's registered office.

15) Code of conduct

• The seller has submitted to the participation conditions for the eCommerce 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=de&ref_topic=14629086.
• The seller has submitted 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.