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Terms & Conditions

 

TERMS & CONDITIONS

(AGB)

 

Table of Contents

  1. Scope of Application

  2. Conclusion of a Contract

  3. Right of Withdrawal

  4. Conditions for Prices and Payments

  5. Conditions for Delivery and Shipping

  6. Retention of Title

  7. Liability for Defects and Warranty

  8. Applicable Law

  9. Alternative Dispute Resolution

 

1) SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter "T&C") of Max Kaupp, acting as "LILDENIMJEAN" (hereinafter "Seller"), are valid for all contracts regarding the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods displayed by the Seller in his online store. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer in the sense of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or independent professional activity. An entrepreneur in the sense of these T&C is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their trade or independent professional activity.

2) CONCLUSION OF A CONTRACT

2.1 The product descriptions provided on the Seller's online store do not constitute a binding offer from the Seller but serve merely as an invitation for the Customer to make a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding offer regarding the goods contained in the shopping cart by clicking the button that completes the online order process.

2.3 The Seller is entitled to accept the Customer's offer within five days by sending an order confirmation in writing or in text form via fax or email, with the access to the order confirmation by the Customer being decisive, or by delivering the ordered goods to the Customer, with the access of the goods to the Customer being decisive, or by requesting payment from the Customer after submitting their order.

If multiple of the aforementioned alternatives occur, the contract is concluded at the moment the first of these alternatives takes place. The period for acceptance of the offer begins the day after the Customer has sent the offer and ends with the expiry of the fifth day following the offer submission. If the Seller does not accept the Customer's offer within the above period, this is deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing will be done through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to PayPal's terms of use, available at PayPal Terms, or if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at PayPal Terms for Non-PayPal Accounts. If the Customer chooses to pay via one of PayPal's offered payment methods in the online order process, the Seller declares their acceptance of the Customer's offer at the moment the Customer clicks the button to complete the order.

2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller and sent to the Customer in text form by email, fax, or letter after the Customer has submitted their order. There is no further access to the contract text provided by the Seller.

2.6 Before submitting a binding order via the online order form of the Seller, the Customer has the opportunity to recognize any input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process until they click the button that completes the order.

2.7 The contract can only be concluded in the German language.

2.8 The order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, i.e., emails sent by the Seller can be received under this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by a third party commissioned by the Seller with order processing are delivered.

3) RIGHT OF WITHDRAWAL

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal instructions.

4) CONDITIONS FOR PRICES AND PAYMENTS

4.1 Unless otherwise stated in the product descriptions, the prices quoted are total prices. They include the statutory value-added tax. Any additional costs for delivery and shipping will be separately indicated in the respective product description.

4.2 If deliveries are made to countries outside the European Union, additional costs may apply in individual cases. These are not covered by the Seller and are to be borne by the Customer. These costs include, for example, fees for money transfers through credit institutions (e.g., transfer fees, currency exchange fees) or customs duties and taxes (e.g., customs duties). These costs may also occur 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 Information about payment options is provided to the Customer in the online store.

5) CONDITIONS FOR DELIVERY AND SHIPPING

5.1 Unless otherwise agreed, delivery of the goods will be made via shipping to the address provided by the Customer. The delivery address specified in the order processing of the Seller is decisive.

5.2 If delivery of the goods is not possible for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. The costs for returning the goods in the case of effective exercise of the right of withdrawal are governed by the provisions in the withdrawal instructions of the Seller.

5.3 Self-collection is not possible for logistical reasons.

6) RETENTION OF TITLE

If the Seller performs in advance, the Seller retains ownership of the delivered goods until the full payment of the purchase price has been made.

7) LIABILITY FOR DEFECTS AND WARRANTY

7.1 If the purchased item is defective, the statutory provisions regarding liability for defects apply.

7.2 For used goods, claims for defects are excluded if the defect occurs after one year from the delivery of the goods. Defects occurring within one year of delivery of the goods can be asserted within the statutory limitation period. However, the limitation of the warranty period to one year does not apply to:

  • Items that have been used for the construction of a building and whose defects caused the damage,

  • Claims for damages and reimbursement of expenses by the Customer, and

  • If the Seller has fraudulently concealed the defect.

7.3 Goods with obvious transport damage should be reported by the Customer to the carrier and the Seller should be notified. Failure to do so does not affect the Customer's legal or contractual claims for defects.

8) APPLICABLE LAW

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) ALTERNATIVE DISPUTE RESOLUTION

9.1 The European Commission provides an online platform for out-of-court dispute resolution at the following link: EU Dispute Resolution Platform. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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