Conditions
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with LukTom.
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the information provided for this in the ordering process and use the correction aids explained. By clicking the order button, you are making a binding offer for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
We will accept your offer within two days
- we issue a declaration of acceptance in a separate email or
- If necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time when the payment transaction is carried out depends on the payment method selected (see under “Payment”).
The alternative that is relevant to you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
We deliver free of charge.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
5. Payment
The following payment methods are generally available to you in our shop:
Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
During the ordering process you provide your credit card details. Your card will be charged immediately after you place your order.
SEPA direct debit scheme
By submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is any business day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal and authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.
giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.
paydirect
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the ordering process.
Klarna credit card
During the ordering process you provide your credit card details. Your card will be charged by Klarna immediately after you place the order. There is no address or credit check.
Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.
6. Right of withdrawal
Consumers have the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Warranty and guarantees
8.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability law applies.
The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraud
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations towards merchants
The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8.2 Warranties and customer service
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
General terms and conditions created with the Trusted Shops legal copywriter