General terms and conditions
General Terms and Conditions
§ 1 Scope and supplier
(1) These General Terms and Conditions of Business apply to all orders placed with the online shop of the
Managing Director: Mesut Takak
Tel. +49 (0) 521 400 27 522
Tel. 0049 521 400 27 522
Mobile/WhatsApp: 0151 11 81 6600
UST- Id-Nr.: DE 29 65 27 157
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our General Terms and Conditions is hereby already objected to.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on the website https://louislourene.de/impressum.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the "Order now" button, you are making a non-binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance. Exception: in case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
Customers from the EC - we ask you to inform us of your VAT ID No. / or the EC ID No., from our foreign customers we ask for the EORI No. - new customers, we ask you to send an e-mail with the exact company data, or a trade certificate to email@example.com.
§ 3 Prices
Information on prices and existing agreements. Please note that our prices in our workshop, bank collection prices,- immediate checkout, prepayment, are net prices. Other agreements, e.g. associations and special conditions are stored in your customer account and are taken into account, other price components and understand themselves plus the respective shipping costs. Further information on shipping costs can be found on our website under Terms of Delivery and Payment.
§ 4 Terms of payment; Default
(1) Payment shall be made either by:
Invoice in advance
cash on delivery,
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.
(3) If you select the payment method "prepayment", we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) If payment is made by cash on delivery, an additional fee of 4.40 euros will be charged by the local delivery company. Further costs and taxes do not apply.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (autoisation). The actual charge to your credit card account will be made at the time we dispatch the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds in your account or due to incorrect bank details provided by you. As a rule, the direct debit will be withdrawn 5 days after delivery.
(8) If you fall into arrears with a payment, you are obliged to pay the statutory interest on arrears of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Offsetting / right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery, retention of title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we shall 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.
- We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e. if you make the purchase for purposes which can predominantly be attributed neither to your commercial nor to your independent professional activity, you shall have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
Managing Director: Mesut Takak
Tel. 00 521 400 27 522
Mobile/WhatsApp: 0151 11 81 6600
You may use the enclosed model cancellation form, which is not required for the cancellation of this contract, to cancel this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to:
Managing Director: Mesut Takak
Tel. 00 521 400 27 522
Mobile/WhatsApp: 0151 11 81 6600
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods
Product ordered on:
Name and address of the consumer:
Signature of customer (only in case of written revocation):
End of the cancellation policy
(1) The right of revocation does not exist for the delivery of
- of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name),
- sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- of goods if they have been inseparably mixed with other goods after delivery due to their nature,
- sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- of newspapers, journals or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
(3) Before returning the goods, please call us on 00 49 2058 89 27 645 to announce the return. In this way you will enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery agent and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or by replacement delivery (subsequent performance). In the event of subsequent improvement, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the subsequent fulfilment fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in any arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: November 2018
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org
Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4