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Terms & Conditions

Terms & Conditions with customer information

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Conditions and Terms of Shipment
6. Redemption of  promotional coupons
7. Reservation of Ownership
8. Liability for defects
9. Applicable law
10. Jurisdiction
11. Information on Online Dispute Resolution

 

1. Scope
1.1
These General Terms and Conditions (hereinafter “GTC”) of “Julian Böhm”, acting under “Linui” (hereinafter “Seller”), shall apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) has with Seller entered into in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2
Consumer according with these GTS is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.

1.3
Entrepreneur according with these GTS is a natural or legal person or a legal partnership, which acts in conclusion of a legal transaction in the exercise of their commercial or independent professional activity.

 

2. Conclusion of contract
2.1
The product representations contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2
The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process. The customer submits a legally binding contract offer in relation to the goods contained in the shopping cart

2.3
The seller can accept the offer of the customer within five days,
– by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), insofar as the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
– by asking the customer for payment after submitting his order.
The contract comes into force at the time when one of the aforementioned alternatives occurs. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer 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
When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg. e-mail, fax or letter). However, the contract text can not be retrieved by the customer after sending his order via the seller’s website.

2.5
Before the order is placed on 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his input before binding submission of the order in the context of the electronic ordering process continuously using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.

2.6
For the conclusion of the contract, only the German language is available.

2.7
The order processing and contacting takes place usually by e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails 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 with the order processing can be delivered.

 

3. Right of withdrawal
3.1
Consumers are in principle entitled to a right of withdrawal.

3.2
Further information on the right of ithdrawal is the  result from the cancellation policy of the seller.

 

4. Prices and terms of payment

4.1
Unless the seller’s product description indicates otherwise, the prices quoted are those
Total prices. Value added tax is not shown because the seller is a small business owner within the meaning of § 19 Abs. 1 UStG. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2
Deliveries to countries outside the European Union may incur additional costs in individual cases, which the seller does not  responsible for and must be payed by the customer. These include, for example, costs for the transfer of money by credit institutions, (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties).
Such costs may be incurred in relation to the transfer of funds 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 customer has various payment options available, which are specified in the online shop of the seller.

4.4
If prepayment is agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed otherwise.

4.5
If you select the payment method “PayPal”, the payment is processed via the payment service PayPal (Europe) S.à rl . et Cie , SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

This requires, among other things, that the customer opens a PayPal account or already has such an account.

 

5. Conditions and Terms of Shipment
5.1
The delivery of goods is made regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the purchase transaction of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail .

5.2
If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This shall not apply if he is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller had informed him of the service a reasonable time in advance,

5.3
Pickup is not possible for logistical reasons.

 

6. Redemption of  promotional coupons
6.1
Coupons that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the vendor’s online shop and only during the specified period.

6.2
Promotional coupons can only be redeemed by consumers.

6.3
Individual products may be excluded from the Promotional coupons, provided that a corresponding restriction results from the content of the promotional coupons.

6.4
Promotional coupons can only be redeemed before completing the order process. A subsequent settlement is not possible.

6.5
Only one promotional coupon can be redeemed per order.

6.6
The value of the goods must be at least equal to the amount of the promotional coupon. Any remaining balance will be paid by the seller is not refunded.

6.7
If the value of the promotional coupo  is insufficient to cover the order, one of the fees may be used to settle the difference remaining payment methods offered by the seller are selected

6.8
The balance of an action voucher is neither paid in cash nor interest.

6.9
The promotional coupon will not be refunded if the customer uses the promotional coupon in whole or in part to pay for goods.Returns under its statutory right of withdrawal.

6.10
The promotional coupon is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

 

7. Retention of title
7.1 If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

 

8. Liability for defects

8.1
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2
The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

 

9. Applicable law
9.1
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

 

10. Jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.

 

11. Information on online dispute resolution
11.1
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or  service contracts involving a consumer.

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