General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1.1These general terms and conditions (hereinafter "GTC") of LIFF UG (limited liability) (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller closes the goods displayed in his online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
1.2These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
1.3Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not represent any binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3The seller can 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 the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when 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 end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data.
2.6Before placing the order through 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 is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7The German and English languages are available for the conclusion of the contract.
2.8Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him 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 with the order processing can be delivered.
3) Right of withdrawal
3.1Consumers generally have a right of withdrawal.
3.2Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are 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 can also arise in relation to the money transfer 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.
4.3The payment option (s) will be communicated to the customer in the seller's online shop.
4.6If the payment method "PayPal direct debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for the advance information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to incorrect bank details being given, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
5) Delivery and shipping conditions
5.1The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3Pickup is not possible for logistical reasons.
5.4Vouchers are given to the customer as follows:
- by email
6) Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
- for items that have been used for a building in accordance with their normal use and have caused its deficiency,
- for claims for damages and reimbursement of expenses of the customer, as well
- in the event that the seller has maliciously concealed the defect.
7.3The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2Promotional vouchers can only be redeemed by consumers.
8.3Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
8.4Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5Several promotional vouchers can also be redeemed when placing an order.
8.6The value of the goods must at least correspond to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
8.7If the value of the promotional 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.
8.8The credit of a promotional voucher is neither paid out in cash nor interest.
8.9The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.
8.10The promotional voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redeeming gift vouchers
9.1Vouchers 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.
9.2Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
9.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4Several gift vouchers can be redeemed when placing an order.
9.5Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6If 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.
9.7The credit of a gift voucher is neither paid out in cash nor interest.
9.8The gift voucher is transferable. The seller can liberate the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
10) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
11) 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 is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 above cases, however, the seller is entitled to appeal to the court at the customer's registered office.
12) Code of Conduct
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedbedingungen/.
13) Alternative dispute resolution
13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.