General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following business terms are applicable to all the contracts, which you have with us as a supplier (Viktorija Külbel) via the lingeriememade. en close. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods including digital content (data that is created and provided in digital form).
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed to you as an order overview.
If you use an instant payment system (e.g. B PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or input of your data. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you make a legally binding declaration the acceptance of the offer, whereby the contract comes about.
(4) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. B by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 License of use for digital content
(1) The digital content offered is protected by copyright. You will receive a usage license from the respective licensor for every digital content purchased from us. The type and scope of the license to use result from the license terms specified in the respective offer.
(2) Unless otherwise stated in the respective offer, you will receive a simple usage license. This includes a non-exclusive, perpetual right of use, in particular the permission to save a copy of the digital content for your personal use on your computer or other electronic device and/or print it out.
You are not entitled to rent the contractual digital content or parts thereof or to sublicense it, whether for a fee or free of charge, to reproduce it publicly or make it accessible in any other way or otherwise make it available to third parties.
§ 4 Special agreements on offered payment methods
(1) Payment via Klarna In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; " Klarna") we offer the following payment options. Payment is made to Klarna:
- Invoice ("Pay Later"): You can find the Klarna billing conditions for Germany at https://cdn. of course. com/1. 0/shared/content/legal/terms/0/de_de/invoice (https://cdn. of course. com/1. 0/shared/content/legal/terms/0/de_de/invoice); the conditions for the option to extend the payment term can be found at https://cdn. of course. com/1. 0/shared/content/legal/terms/0/de_de/due_date_extension (https://cdn. of course. com/1. 0/shared/content/legal/terms/0/de_de/due_date_extension). The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S at right l et Cie, p. C A (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use other payment services to process payments; if special terms of payment apply, you will be informed of these separately. You can find more information about "PayPal" at https://www. PayPal. com/de/webapps/mpp/ua/legalhub-full (https://www. PayPal. com/de/webapps/mpp/ua/legalhub-full).
(3) Payment via "Stripe"
If you select a payment method that is offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock , Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "Stripe" can use other payment services to process payments; if special terms of payment apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe. com/de (https://stripe. com/de).
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately between the contracting parties has been agreed.
(4) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are agreed as the quality of the goods, but not other advertising , public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- for culpably caused damage from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights have.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of seller
Email: info@lingeriememade. de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec. Europe. eu/odr (https://ec. Europe. EU/ODR).
We are not willing and not obliged to participate in dispute settlement procedures before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I. )
3. Contract language, contract text storage
3. 1 Contract language is German.
3. 2 We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3. 3 If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. B by e-mail, which you can print out or save electronically.
4. Essential features of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5. 1 The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.
5. 2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5. 3 If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as B Customs duties, taxes or money transfer fees (bank transfer or exchange rate fees) which are to be borne by you.
5. 4 You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5. 5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5. 6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery, provision
6. 1 The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.
6. 2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipping is at your own risk.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were drawn up by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, see: https://www. dealer association. de/en/services/legal security/agb-service (https://www. dealer association. en/en/services/legal security/terms-service).
last update: 29. 11 2022