Terms of service
General Terms and Conditions (GTC) of LUXAGER GmbH
1. scope
1.1. These terms and conditions apply to everyone via our online shop www.luxager.com concluded contracts between the
LUXAGER GmbH
Am Sonnenrain 91
79539 Loerrach
Managing Directors: Aleksandar Obradovic, Kevin Folk, Ali Kassem
and our customers, who are consumers according to § 13 of the German Civil Code (BGB), exclusively.
1.2. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is a natural person who submits the order for a purpose that is predominantly neither commercial nor self-employed (hereinafter: consumer).
1.3. Deviating conditions of the customer are not part of the contract. This also applies if we do not expressly contradict the inclusion.
2. Basic provisions
2.1. Subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information in our online shop www.luxager.com .
2.2. The contract language in our online shop is German and English to disposal.
2.3. The customer can save the text of the contract, i.e. all contract data including these terms and conditions, in a reproducible form before submitting the order from the website. We do not save the contract text on our internal systems. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function and saved electronically. After completing the order, the order data can no longer be accessed via the Internet for security reasons. The terms and conditions are available on our website for viewing, printing or downloading.
3. Conclusion of contract
3.1. The presentation of the products in our online shop does not represent a legally binding contract offer, but only an invitation to the customer to submit an offer.
3.2. The customer can submit a purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again in the order overview at the end of the order process. Before submitting the order, the customer has the opportunity to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the “order with obligation to pay” button at the end of the ordering process, the customer submits a legally binding contract offer to us.
3.3. We will immediately confirm receipt of the order by email to the customer (order confirmation). This order confirmation does not represent an acceptance of the customer's offer, but is only intended to inform that the order has been received by us.
3.4. The customer is bound to the order for a period of seven (7) days after placing the order; the right to which the customer is entitled to cancel the order (see section 4 of these GTC and our Right of withdrawal and Template for withdrawal ) remains unaffected.
3.5. A contract is only concluded with the customer when we confirm the acceptance of the customer's offer with a second email to the customer (order confirmation).
4th Right of withdrawal and cancellation policy for consumers
4.1. Consumers are entitled to a right of withdrawal in accordance with the statutory provisions, which we shall issue to the customer with a separate Right of withdrawal to inform. We will provide the customer with an appropriate one Template for withdrawal available that the customer can use but is not required to use.
4.2. We would like to point out that the right of withdrawal, unless the parties have agreed otherwise, does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly based on the personal Tailored to the needs of the consumer. In these cases, the right of withdrawal is excluded in Section 4.2. This is the case, for example, with personalized / individualized cards.
5. Prices and shipping costs, reimbursement of payments after cancellation
5.1. Our prices stated on the product pages include packaging and including statutory VAT. In addition, there are the shipping costs specified in Section 5.2 and on our Shipping and Delivery page. The shipping costs are specified in our price information in our online shop. The total price including any shipping costs is also displayed in the shopping cart and in the order overview at the end of the ordering process before the customer sends the order using the "order with obligation to pay" button.
5.2. The customer has two options for shipping within Germany, either standard shipping for € 5.95 or express shipping for € 15.00. The shipping costs incurred can also be found in our online shop.
When shipping outside of Germany, higher shipping costs may apply. The customer can find the costs in the online shop before ordering.
When shipping to countries outside the European Union, additional customs fees may apply. These are also not included in the price and have to be paid by the customer.
5.3. If the customer has effectively revoked his contract declaration (see section 4 of these terms and conditions for revocation and ours Right of withdrawal ), we have to pay the customer all payments that we have received from him, including the delivery costs (with the exception of the additional costs that result from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by us) , to be repaid immediately and at the latest within fourteen (14) days from the day on which we received notification of the customer's cancellation of the contractual declaration. For this we use the payment method used by the customer for payment. The customer is obliged to send the goods back to us. We can refuse repayment until we have received the goods back or until the customer has provided evidence that he has sent the goods back, whichever is earlier (see our cancellation policy for other consequences of cancellation). The customer bears the direct costs of returning the goods.
6th Delivery area, delivery time, self-delivery clause
6.1. Delivery is made to the delivery address agreed with the customer.
6.2. The estimated delivery times depend on the respective product. In our online shop, the availability of each product is indicated by symbols and corresponding explanations. These are approximate figures. The delivery period begins with payment via PayPal, Sofortüberweisung or Klarna with receipt of payment or with other payment methods with the sending of the contract confirmation.
6.3. If a product is not or temporarily not available due to a lack of delivery from our sub-suppliers despite the prior conclusion of a corresponding purchase contract (congruent hedging transaction), we will inform the customer of this immediately after the order and at regular intervals thereafter. We are released from the obligation to perform until we have supplied the necessary products / materials to ourselves and can withdraw from the contract in the event of a lack of availability. This does not apply if we are responsible for the non-delivery by the sub-supplier. If we want to withdraw, we will exercise the right of withdrawal immediately. In the event of withdrawal, we will immediately reimburse amounts already paid on the purchase price.
7th payment
7.1. The customer can choose between the payment methods credit card, instant transfer, PayPal and Klarna. Payments are only considered to have been made to the extent that we can freely dispose of them at our bank.
7.2. If the customer chooses to pay via PayPal, the billing is carried out exclusively via PayPal (Europe) S.à.rl et Cie, SCA - hereinafter referred to as PayPal. For the payment process via PayPal, reference is made to the PayPal terms and conditions. To use this payment option, the customer must register with PayPal in advance. The customer's bank or credit card information stored there will not be transferred to us when the payment is completed. In the case of an authorized return, a credit is also issued via PayPal. Information on PayPal buyer protection can be found on the website www.paypal.com/de/mpp/sicherheit. As soon as we have received the payment, the delivery will be started. It usually only takes a few minutes for us to receive a PayPal payment.
7.3. If you pay via the payment service provider Klarna, the payment claims of the provider will be taken over by Klarna and from this point on the customer payments will be processed directly by Klarna.
7.4. If the customer is in default of payment, we are entitled to demand default interest of 5 percentage points above the base rate. If we can be shown to have suffered higher damage caused by delay, we are entitled to assert this.
7.5. The customer is only entitled to offset against our claims with a counterclaim insofar as the counterclaim is undisputed or has been legally established. The customer is only entitled to exercise a right of retention if the counterclaim is based on the same contractual relationship.
8th. Retention of title
The delivered goods remain our property until full payment of the invoice amount including all ancillary costs.
9. Liability for material and legal defects
If there is a material or legal defect in the delivery of a product, the customer is entitled to the existing rights under the statutory provisions with the proviso that we owe compensation for damages and expenses due to a defect only in accordance with the provisions of Section 10.
10. General liability
10.1. We are liable for willful misconduct or gross negligence, for fraudulent concealment of defects, for injury to life, limb or health or in accordance with the Product Liability Act in accordance with the law. In the case of an assumed guarantee, we are liable in accordance with any guarantee provisions.
10.2. In the case of simple negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer regularly trusts and may rely, limited to the replacement of the foreseeable and typical damage. In all other cases our liability is excluded.
10.3. Insofar as our liability is excluded or limited in accordance with the above provisions of this section 10, this also applies to the personal liability of our legal representatives, employees and other vicarious agents.
11. Dispute resolution
The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are ready to take part in a dispute settlement procedure before the following consumer arbitration board:
Universal arbitration board of the Federal Center for Arbitration eV,
Straßburger Strasse 8, 77694 Kehl am Rhein.
Website: https://www.verbrauch-schlichter.de/start
You can find our email address in our legal notice.
12th Applicable Law
12.1. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980. This choice of law applies to consumers only insofar as it does not deprive them of the protection granted to them by mandatory provisions of the law of the state in which the customer has his habitual residence.
12.2. Should individual provisions of this contract with the customer, including these general terms and conditions, be or become fully or partially ineffective, this shall not affect the validity of the remaining provisions.
Status: April 2021