General Terms and Conditions with Customer Information
Disclaimer regarding English translations
The English translations of our legal documents (including but not limited to our Terms and Conditions, Privacy Policy, and Return Policy) are provided for convenience and informational purposes only. They do not constitute legally binding documents. In the event of any discrepancies or inconsistencies between the English version and the original German version, the German version shall prevail and is legally binding under applicable laws. We accept no liability for errors, omissions, or misunderstandings resulting from the translation.
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Luméa UG (haftungsbeschränkt) (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or business (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 agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.3 A business within the meaning of these GTC is any natural or legal person or a legal partnership who, at the time of concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions in our online shop do not constitute binding offers on our part but serve to submit a binding offer by you.
2.2 You can submit the offer via the online order form integrated in our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer by clicking the button that concludes the order 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), whereby the receipt of the order confirmation by you is decisive; or
- delivering the ordered goods to you, whereby the receipt of the goods by you is decisive; or
- requesting payment from you after your order is submitted.
If several of the above alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends with the expiration of the fifth day following the day on which the offer was sent. If we do not accept your offer within this period, this shall be deemed a rejection of your offer with the consequence that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use available at https://www.paypal.com
2.5 When submitting an offer via our company's online order form, the contract text will be stored by us after conclusion of the contract and sent to you in text form (e.g., email, fax, or letter). Beyond that, we do not make the contract text accessible. If you have created a user account in our online shop before submitting your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the relevant login data.
2.6 Before bindingly submitting the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool to better recognize input errors may be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries as part of the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.
2.7 Different languages are available for concluding the contract. The specific selection of languages is displayed in the online shop.
2.8 Order processing and contact are generally made via email and automated order handling. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Detailed information on the right of withdrawal can be found in our withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in our product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be separately stated in the respective product description.
4.2 The available payment methods are communicated to you in our online shop.
4.3 If you select a payment method offered via the payment service "PayPal", payment processing will be carried out via PayPal, which may use third-party payment providers. If we offer payment methods via PayPal that involve advance performance by us (e.g., purchase on account or installment payments), we assign our payment claim to PayPal or to a payment provider designated by PayPal. Before accepting the assignment, PayPal or the appointed provider conducts a credit check using the transmitted customer data. We reserve the right to deny you the selected payment method in case of a negative result.
4.4 If you choose a payment method offered through "Shopify Payments", payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The available payment methods via Shopify Payments are displayed in our shop. Stripe may use additional payment services for processing, which may be subject to special conditions that will be indicated separately where applicable. More information is available at https://www.shopify.com
4.5 If the customer selects a payment method offered via the payment service "Apple Pay", payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods available through Apple Pay will be communicated to the customer in the seller's online shop. For the purpose of processing payments, Apple may engage additional payment service providers, which may be subject to separate payment terms and conditions, of which the customer will be notified accordingly. Further information about Apple Pay is available online at https://www.apple.com/apple-pay/.
4.6 If the customer selects a payment method offered via the payment service "Google Pay", payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods available through Google Pay will be communicated to the customer in the seller's online shop. For the purpose of processing payments, Google may engage additional payment service providers, which may be subject to separate payment terms and conditions, of which the customer will be notified accordingly. Further information about Google Pay is available online at https://pay.google.com/about/.
5) Delivery and Shipping Conditions
5.1 If we offer shipping, delivery is made within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. The delivery address provided in our order processing is decisive.
5.2 If delivery fails for reasons attributable to you, you shall bear the reasonable costs incurred. This does not apply to shipping costs if you effectively exercise your right of withdrawal. For return shipping costs, the provisions of our withdrawal policy apply.
5.3 If you are a business, the risk of accidental loss and accidental deterioration passes to you upon delivery to the carrier, freight forwarder, or other party commissioned with the shipment. If you are a consumer, the risk passes only upon handover of the goods to you or a person authorized to receive them. However, if you commissioned the shipping party and we did not name them to you beforehand, the risk transfers as soon as the goods are handed over to that party.
5.4 We reserve the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if we are not responsible for the non-delivery and have concluded a specific covering transaction with due diligence. We will make reasonable efforts to procure the goods. If the goods are unavailable or only partially available, we will inform you immediately and refund any consideration without delay.
5.5 Pickup by the customer is not possible for logistical reasons.
6) Retention of Title
If we provide advance performance, we retain ownership of the delivered goods until full payment of the purchase price owed has been made.
7) Liability for Defects (Warranty)
Unless otherwise specified below, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If you are a business:
- we have the choice of the type of supplementary performance;
- for new goods, the limitation period for defect claims is one year from delivery;
- for used goods, defect claims are excluded;
- the limitation period does not start anew if a replacement delivery is made as part of the liability for defects.
7.2 The limitations and shortened time periods above do not apply:
- to your claims for damages and reimbursement of expenses,
- if we have fraudulently concealed the defect,
- for goods that have been used in accordance with their normal use for a building and have caused its defectiveness,
- to any obligation on our part to provide updates for digital products in contracts for goods with digital elements.
7.3 For businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If you are a merchant as defined by § 1 HGB, the commercial duty to inspect and report defects pursuant to § 377 HGB applies. If you fail to make the notification specified therein, the goods shall be deemed approved.
7.5 If you are a consumer, you are asked to report obvious transport damage to the delivery agent and notify us. Failure to do so will not affect your legal or contractual claims for defects.
8) Liability
The seller is liable to you under all contractual, quasi-contractual, statutory (including tortious) claims for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation on any legal grounds:
- in cases of intent or gross negligence,
- for intentional or negligent injury to life, limb, or health,
- based on a guarantee, unless otherwise regulated,
- under mandatory liability, such as under the Product Liability Act.
8.2 If we negligently breach an essential contractual obligation, our liability is limited to the foreseeable, typically occurring damage, unless we are liable without limitation under the above clause. Essential contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which you may regularly rely.
8.3 Otherwise, any liability on our part is excluded.
8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
9) Applicable Law
All legal relationships between you and us are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. If you are a consumer, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.
10) Place of Jurisdiction
If you are acting as a merchant, a legal entity under public law, or a special fund under public law with registered offices within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business. If your registered offices are located outside the territory of the Federal Republic of Germany, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to your professional or commercial activities. In the aforementioned cases, however, we shall in any event be entitled to bring proceedings before the court having jurisdiction over your place of business.
11) Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.