§1 VALIDITY TOWARDS ENTREPRENEURS AND DEFINITIONS
(1) The following terms and conditions apply to all transactions between us and a consumer valid at the time of the order.
(2) “consumer” in the sense of these terms and conditions shall mean any natural person who enters into a legal transaction for a purpose that may be attributed neither to their commercial nor their independent vocational activity.
§2 CONCLUSION OF A CONTRACT, STORAGE OF CONTRACT
(1) The following provisions on the conclusion of the contract apply to orders via our internet shop http://www.lobsterandlemonade.com.
(2) In case of concluding the contract, the contract is realized with
Lobster & Lemonade Apparel GmbH
Registriernummer: HRB 95515
Registriergesetz: Amtsgericht Darmstadt
(3) The presentation of goods in our online shop are not legally binding contract offer on our part, but only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer for him to conclude a purchase contract.
(4) Upon receipt of an order in our online shop the following rules apply: the consumer makes a binding offer of contract by successfully passing through the period provided for in our online shop ordering procedure.
The order involves the following steps:
1) Select the desired goods.
2) Confirm by clicking on the “ADD TO CART” button.
3) examination of the information in your shopping cart.
4) click on the button “Next”.
5) Enter the person and address data (first name, last name, address, e-mail address).
6) Repeated testing or correcting the respective input data.
7) Binding dispatch of the order.
The consumer can get before the mandatory sending the order by pressing the information contained in the web browser used by him “back” button to the control of its information back to the website where the customer’s details are recorded and correct input errors or by Close the Internet browser to cancel the order process. We acknowledge receipt of your order directly through an automatically generated e-mail ( “Order Confirmation” ). With this we accept your offer.
(5) Storage of contract for purchase via our online shop: We will send the order data by e-mail. The Terms and Conditions can be viewed at any time http://lobsterandlemonade.com/terms-conditions/. Your order data are accessible for security reasons no longer on the Internet.
(6) Upon acceptance of the offer, the customer has a 14 day payment requirement.
§3 PRICES, SHIPPING, PAYMENT, DUE DATE
(1) The prices include the legal VAT and other price components. There are also possible shipping costs.
(2) The consumer has the option of paying by bank transfer and PayPal with debit or credit card (Visa, MasterCard, American Express, Discover Card).
(1) If we have not clearly stated otherwise in the product description, all of our products available for dispatch.
§5 RETENTION OF TITLE
We reserve title to the goods until full payment of the purchase price.
§6 COPYRIGHTS OF DESIGNS, RELEASE OF LIABILITY IN CONTRACT WORK
(1) If the Customer provides own motif or otherwise influences the product (Customization Service), the Customer assures Lobster & Lemonade Apparel that the text and motif of third parties are free of rights. Any copyright, personal rights or naming rights violations go in this case, be borne by the customer. The Customer also assures that he injured by personalizing the product, no other rights of third parties.
(2) The Customer shall indemnify Lobster & Lemonade Apparel from all demands and claims which are made due to the infringement of such third-party rights, unless the customer is responsible for the breach of duty. The customer shall reimburse Lobster & Lemonade Apparel for all defense costs and other damages.
§7 REVOCATION RIGHTS
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – also by returning the thing – if the goods before the deadline. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 §2 in connection with §1 Abs. 1 and 2 draft Law and our obligations according to §312e paragraph 1 sentence 1 BGB in conjunction with Article 246 §3 BGB. The revocation period is sufficient to send the revocation or thing.
The revocation must be sent to:
Lobster & Lemonade Apparel GmbH
Otto-Hesse-Straße 19 | T3
Fax: +49 3222-3136399
consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits of use) or in part, or only restitute it in a deteriorated condition, you must pay us compensation for the value. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter, beyond testing the properties and functioning. By “testing the properties and functioning” refers to the testing and trying out the goods, as it is possible and customary in a retail store.
Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods ordered and corresponds to the price of the returned goods does not exceed an amount of 100 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment. Otherwise the return is free for you. Not parcel things do you pick . Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
End of cancellation policy
§8 CONTRACT PROVISIONS REGARDING THE RETURN COSTS WITH REVOCATION
If you exercise your right of cancellation, shall be deemed in compliance with §357 paragraph 2 BGB, following agreement under which you have to pay the regular costs of the return if the delivered goods ordered and corresponds to the price of the returned goods amount of 100 euros or if, you have not yet paid the consideration or a contractually agreed partial payment at a higher price the thing at the time of cancellation. Otherwise the return is free for you.
§9 CONTRACT LANGUAGE
Contract language is either German or English.
§10 CUSTOMER SERVICE
Our customer service for questions and complaints is available weekdays from 9:00 am to till 6 pm under
Telefon: +49 6151-8003788
Fax: +49 3222-3136399
§11 YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password information, and you agree to accept responsibility for all activities that occur under your account and password. This website and The Company Pte Ltd reserves the right to refuse service, terminate accounts remove or edit content or cancel orders.
By placing an order, you warrant that you are over 18 years of age, and that you are providing shop.company.com or shop.beetlebug.com.sg with accurate, truthful information and that you have the authority to place the order.
§12 SCOPE OF APPLICATION, DIFFERENT AGREEMENTS
(1) The following General Terms and Conditions of Sale and Delivery apply to all purchase and delivery contracts concluded by us with our customers (including the “Orderer”), including any collateral agreements, provided that the purchaser is an businessman and the contract is exercised in the course of his commercial or independent professional activity Meaning of §14 BGB closes.
(2) Differing conditions of the customer, which are not explicitly recognized, do not apply. This also applies if we provide our services without reservation while being aware of conflicting or deviating terms and conditions of the customer.
§13 CONCLUSION OF CONTRACT; MINIMUM ORDER QUANTITY
(1) Our offers, including the sales prices indicated in our price lists, are non-binding unless expressly marked as binding.
(2) Verbal or written orders represent a binding offer to which the customer is bound for 14 days. The contract is concluded through our order confirmation (also by e-mail) or by sending the goods through us.
§14 PRODUCT DOCUMENTS
(1) Documents, illustrations, drawings, information on uses, material and dimensions in our catalogs, product sheets and on the website are executed as accurately as possible, but only give approximate values and do not constitute a description of the quality of the goods, unless they are expressly stated are designated as binding. Improvements and dimensional / material changes in commercial and reasonable for the orderer extent reserved.
(2) We reserve ownership rights and copyrights to illustrations, drawings and other documents. Without our express written consent, they may not be copied, made accessible to third parties or used for self-production.
§15 PRICES / PAYMENT TERMS / BILLING BAN
(1) Delivery is based on the price list valid at the time of the conclusion of the contract. Prices are, unless otherwise agreed, as net prices in Euro, without packaging or transport / shipping.
(2) All invoices are payable within 14 days of the date of invoice without deduction. For the timeliness of the payment is the receipt of the money with us authoritative. When paying by SEPA mandate, we grant 3% discount.
(3) The customer must raise objections to our invoices at the latest two weeks after receipt of the invoice. If the customer omits the timely announcement, the invoice in question shall be deemed approved. We are obliged to point out the effects in our invoices.
(4) If contractual agreements have been seriously violated by the purchaser and the purchaser is responsible for them, we shall be entitled to execute or provide outstanding deliveries or services only against advance payment or provision of security.
(5) Offsetting against counterclaims of the Purchaser or the retention of payments due to such claims is only permitted if the counterclaims are undisputed, ready for decision or legally binding.
(6) Checks and bills of exchange are accepted only after express agreement and only on account of performance, under calculation of a processing fee in the amount of 15.00 EUR.
§16 AVAILABILITY; DELIVERY, FREIGHT COSTS AND CONSEQUENCES OF DELIVERY DELAY
(1) The delivery times and dates specified by us are valid only approximately unless they have been expressly agreed as binding.
(2) In cases of force majeure or other, at the time of the conclusion of the contract unforeseeable events, which we could not avert despite the reasonable care of the circumstances of the individual case, irrespective of whether we or our supplier or subcontractor occurred (self-supply reservation), such as War, natural disasters, breakdowns, legal strikes, lockouts or official orders, these delivery times / dates extended by the duration of the disability and a reasonable start-up time. If such a disruption leads to a delay of more than four months, both parties may withdraw from the contract. If, as a result of the aforementioned circumstances, the delivery is impossible or unreasonable for which we are not responsible, we shall be entitled to withdraw from the contract in whole or in part because of the part not yet fulfilled. In this case, the customer is not entitled to any claims for damages against us. Any statutory rights of withdrawal remain unaffected.
Unless otherwise agreed, delivery is made “ex works” (Incoterms 2010) in Darmstadt. In the case of shipping at the request of the customer, the risk passes to the customer upon transfer to the transport company.
§18 DEFECTS / WARRANTY
(1) We guarantee the perfect production of the goods delivered by us according to the agreed quality. We do not accept any warranties unless expressly agreed.
(2) The customer has to examine the delivered goods carefully, even if samples or samples have been sent beforehand, immediately after arrival at the place of destination. Obvious defects must be reported to us immediately, at the latest one week after delivery in writing. Hidden defects must be reported to us immediately, at the latest one week after discovery in writing. If the defect was already apparent to the purchaser in normal use at an earlier point in time, this earlier date shall be decisive for the start of the period of notice.
(3) The notice of defects must contain comprehensible information on the point and extent to which the delivered goods are not complained about as being in accordance with the contract. In the case of complaints due to customer complaints, the purchaser must also indicate when the goods in question were handed over to the relevant end customer and from which delivery the rejected goods originate.
(4) At our request the rejected goods are to be returned carriage paid to us. In the case of a justified complaint, the cost of the cheapest shipping method will be reimbursed.
(5) In the case of a defect notified in good time, the purchaser shall be entitled, at our discretion, to rectification or delivery of a defect-free product (“supplementary performance”). The supplementary performance takes place at the place of the original delivery; It is considered to have failed at the earliest after two unsuccessful attempts. Replaced parts become our property.
(6) The expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor, and material costs shall be borne by us if there is actually a defect.
(7) For defects caused by improper and improper expenses by the purchaser or third parties, by customary wear and tear, faulty or negligent treatment, in particular by use contrary to instructions for use, warranty claims are out of the question.
(8) If the quality of the delivered goods deviates only insignificantly from the agreed quality, the purchaser is only entitled to a reduction right. This applies in particular for slight color deviations projecting thread ends on the tail or seam and small bruises due to transport packaging.
(9) The warranty does not apply if the purchaser changes the delivery item or has it altered by third parties without our consent and the elimination of the defect becomes impossible or unreasonably difficult. In any case, the purchaser has to bear the additional costs incurred by the change to remedy the defect.
(10) The warranty period is one year from delivery.
(11) The purchaser is only entitled to claims for damages due to defects insofar as our liability is not excluded or limited in accordance with clause 7.
(12) Further claims or claims other than those regulated in this clause 7 due to a defect are excluded. The rights of the customer from §§ 478, 479 BGB remain unaffected.
§19 VOLUNTARY GOODS EXCHANGE (KULANZ)
(1) Without prejudice to the rights of the purchaser in the case of material defects in accordance with Section 7 of these Terms and Conditions, we offer to take back / goods on a voluntary basis in individual cases and to exchange them for newly ordered goods. However, this offer is made purely out of goodwill and can be revoked at any time without giving reasons. The following provisions apply here:
(2) Only up to a maximum of 10% of the turnover in the current calendar year can be exchanged. Revenues from previous years can not be taken into account.
(3) An exchange can only be requested up to a maximum of two times per calendar year.
(4) If the purchaser wishes the exchange of goods, then we must be informed in advance by telephone or in writing. The total value of the newly ordered goods must be at least as high as the value of the goods to be converted. The exchange takes place only after explicit confirmation by us. The new order must be enclosed with the return. We can not settle any previous or future orders.
(5) The goods to be converted must be free of defects, in their original packaging, in their original condition and with a label (no change / labeling of the label). Each return must be accompanied by a completed return form (written explanation of the reason for returning each product). Otherwise, we reserve the right to refuse the exchange or charge a processing fee of 3.00 EUR per product.
(6) The postage costs for the return shall be borne by the purchaser. We do not accept goods that are shipped without clearance.
§20 LIABILITY, LIMITATION
(1) We shall be liable only for gross negligence and intent as well as for breach of essential contractual obligations whose fulfillment makes the proper execution of the contract in the first place possible and on whose observance the customer may regularly rely (“cardinal obligation”).
(2) In the case of slightly negligent violation of a cardinal obligation, our liability is limited to contract-typical damages foreseeable at the conclusion of the contract.
§21 PLACE OF FULFILLMENT, APPLICABLE LAW AND COURT OF JUSTICE
(1) Place of performance for all delivery and payment obligations is Darmstadt.
(2) German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) The place of jurisdiction for all disputes arising out of or in connection with the delivery transaction – also for bills of exchange and check claims – is Frankfurt am Main, if the customer is a merchant or has no general place of jurisdiction in Germany. However, we reserve the right to sue the purchaser at his general place of jurisdiction. Legal regulations on exclusive responsibilities remain unaffected.
§22 FINAL PROVISION
(1) Orders, declarations of acceptance, additions and other sub-agreements and agreements made before or upon conclusion of the contract must be in writing in order to be legally valid. Verbal promises by our representatives or other auxiliary persons require the written confirmation by us. The same applies to the granting of quality guarantees.
(2) Business with entrepreneurs is treated in the same way as business with legal persons under public law and public law special funds.
(3) Should any provision of this contract be or become wholly or partially invalid, the ineffectiveness of this provision shall not affect the validity of all other provisions of this contract. The ineffective provision shall be replaced by a legally valid provision which, in economic terms, comes as close as possible to the regulatory purposes pursued by the ineffective provision, as is legally permissible.