Terms and Conditions with Customer Information

Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application

2. Conclusion of the Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Redemption of Promotional Vouchers

10. Governing Law

11. Code of Conduct

12. Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (hereinafter referred to as "T&Cs") of Marcin Lubinski (hereinafter “we/us”), apply to all contracts for the supply of goods that you, as a consumer or an entrepreneur (hereinafter “you”), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions, unless otherwise expressly agreed with you.

1.2 You are considered a consumer within the meaning of these T&Cs if you enter into a legal transaction for purposes that predominantly are outside your trade, business, or profession.

1.3 You are considered an entrepreneur within the meaning of these T&Cs if you are a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of your trade, business or profession.

2) Conclusion of the Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part but serve to enable you to submit a binding offer.

2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected goods into the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 We may accept your offer within five days by:

• sending you a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by you is decisive, or

• delivering the ordered goods to you, in which case the receipt of the goods by you is decisive, or

• requesting payment from you after you have placed your order.

If several of the above alternatives apply, the contract is concluded at the moment the first of these alternatives occurs. The period for acceptance of your offer begins on the day after your offer is sent and ends at the expiry of the fifth day following the sending of the offer. If we do not accept your offer within this period, this shall be considered a rejection of the offer, and you are no longer bound by your declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal Terms of Use available at . If you do not have a PayPal account, payment is made according to the terms for payments without a PayPal account available at . If you select and use a payment method offered by PayPal during the online ordering process, we hereby declare acceptance of your offer at the moment you click the button completing the ordering process.

2.5 When submitting an offer via our online order form, the contract text is stored by us after the conclusion of the contract and sent to you after you have submitted your order in text form (e.g. email, fax, or letter). Beyond this, we do not provide further access to the contract text. If you create a customer account before submitting your order, the order data will be stored in your customer account and can be accessed by you free of charge using your login credentials.

2.6 Before submitting a binding order, you may identify possible input errors by carefully reviewing the information displayed on the screen. The magnification function of your browser may help you to detect input errors. You may correct your entries using the standard keyboard and mouse functions during the ordering process until you click the button finalizing the order.

2.7 The language available for concluding the contract is German.

2.8 Order processing and contact generally take place by email and via automated order processing. You must ensure that the email address you provide for order processing is accurate so that emails sent by us can be received at that address. Especially when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further details regarding the right of withdrawal are provided in our cancellation policy.

4) Prices and Payment Terms

4.1 Unless stated otherwise in our product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be shown separately in the respective product description.

4.2 Available payment methods will be communicated in our online shop.

4.3 If advance payment by bank transfer is agreed upon, payment is due immediately after conclusion of the contract, unless another due date has been expressly agreed with you.

5) Delivery and Shipping Terms

5.1 If we offer shipment of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address stated during our order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to you, you shall bear any reasonable costs incurred as a result. This does not apply to the costs of delivery if you effectively exercise your right of withdrawal. For return shipping costs, the provisions in our cancellation policy apply.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to you as soon as we hand the goods over to the carrier, freight forwarder, or other person or institution commissioned with the shipment.
If you act as a consumer, the risk passes only upon handover of the goods to you or a person authorized to receive them.
By way of exception: if you, as a consumer, have commissioned the carrier, freight forwarder or other person responsible for shipment and we did not previously name this person to you, the risk already passes to you upon delivery to that carrier or person.

5.4 We reserve the right to withdraw from the contract in the event that our supplier fails to deliver correctly or on time. This applies only if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier. We will use all reasonable efforts to procure the goods. In the event of non-availability or partial availability, we will inform you immediately and refund any payment without delay.

5.5 Collection by the customer is not possible for logistical reasons.

6) Retention of Title

If we make advance payment, we retain ownership of the delivered goods until full payment of the purchase price has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated below, statutory liability for defects applies.

For contracts relating to the delivery of goods:

7.1 If you act as an entrepreneur:

• we may choose the type of subsequent performance;

• for new goods, the warranty period is one year from delivery;

• for used goods, warranty rights are excluded;

• the limitation period does not restart if replacement delivery is made.

7.2 If you act as a consumer, then regarding used goods the warranty period may be reduced to one year from delivery, provided this was expressly agreed separately and you were informed clearly of the reduction before submitting your contractual declaration.

7.3 The above limitations and reductions do not apply:

• to claims for damages and reimbursement of expenses,

• if we fraudulently conceal a defect,

• to goods used for a building in accordance with their usual use and that caused its defectiveness,

• to any obligation we may have to provide updates for digital products in contracts for goods with digital elements.

7.4 For entrepreneurs, statutory limitation periods regarding any statutory right of recourse remain unaffected.

7.5 If you act as a merchant according to § 1 HGB (German Commercial Code), the commercial duty to inspect and give notice of defects applies according to § 377 HGB. If you fail to comply with these obligations, the goods shall be deemed approved.

7.6 If you act as a consumer, we ask that you report goods delivered with obvious transport damage to the carrier and inform us. Failure to do so has no effect on your statutory or contractual defect claims.

8) Liability

The seller is liable to you for damages and reimbursement of expenses as follows:

8.1 We are liable without limitation:

• in cases of intent or gross negligence,

• in case of intentional or negligent injury to life, body or health,

• in case of a guarantee, if and to the extent expressly agreed,

• in cases of mandatory liability, e.g. under product liability law.

8.2 If we negligently breach a material contractual obligation, liability is limited to the foreseeable, typically occurring damage, unless liability is unlimited under section 8.1. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the contractual purpose and whose fulfillment enables proper execution of the contract and on whose compliance you regularly rely.

8.3 Otherwise, our liability is excluded.

8.4 The above liability rules also apply to our legal representatives and agents.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers that we issue free of charge during promotional campaigns for a limited validity period and which cannot be purchased (hereinafter "promotional vouchers"), may be redeemed only in our online shop and only within the specified period.

9.2 Promotional vouchers may be redeemed only by you as a consumer.

9.3 Individual products may be excluded from the promotion if such exclusion is indicated on the voucher.

9.4 Promotional vouchers must be redeemed before completing the order process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining credit will not be refunded.

9.7 If the voucher value is insufficient to cover your order, you may select one of the other payment methods offered to pay the difference.

9.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

9.9 The promotional voucher will not be refunded if you return the goods paid partly or entirely with the voucher under your statutory right of withdrawal.

9.10 The voucher is intended only for the use of the person designated on it. Transfer of the voucher to third parties is excluded. We are entitled, but not obliged, to verify the material entitlement of the voucher holder.

10) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between you and us, excluding the UN Convention on Contracts for the International Sale of Goods.
If you act as a consumer, this choice of law applies only insofar as you are not deprived of mandatory legal protections of your country of habitual residence.

11) Code of Conduct

• We have submitted to the Trusted Shops quality criteria, which can be viewed online at .

12) Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.