§1 SCOPE AND PROVIDER
(1) These terms and conditions (GTC) apply to all business relationships between customers and us, the Lobster & Lemonade Apparel GmbH, hereinafter referred to as “seller”.
Lobster & Lemonade Apparel GmbH
Otto-Hesse-Strasse 19 | T3
Registration number: HRB 95515
Registration Law: Amtsgericht Darmstadt
Managing Director: Christian Hinz, Erdem Keles
Telephone: +49 (0) 6151 8003788
(2) A consumer is the one who concludes an order for purposes that can be attributed mainly neither his commercial nor his independent professional activity (§ 13 BGB), hereinafter referred to as “customer”.
(3) You can retrieve, print and save the currently valid terms and conditions at http://lobsterandlemonade.com/terms-conditions/.
§2 CONCLUSION OF CONTRACT
(1) The presentation of goods in the online shop does not constitute a legally binding offer to conclude a purchase contract. Rather, it is a non-binding offer to the customer in the online shop of the seller to order goods.
(2) By clicking on the button “SUBMIT ORDER” / “PLACE ORDER” the customer makes a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, the customer receives an automatically generated e-mail, with the confirmation that his order has been received by the seller. This confirmation of receipt does not constitute acceptance of the purchase offer, a contract is not yet concluded.
(4) A purchase contract for the goods is only concluded when the seller expressly accepts the acceptance of the purchase offer (order confirmation) or the goods, without prior express acceptance, sent to the customer.
§3 PRICES & PAYMENT CONDITIONS
(1) The prices quoted in the online shop include VAT and are stated in Euros (€). The prices do not include shipping costs.
(2) The customer has the following payment options:
Prepayment via bank transfer,
Credit card or
(3) When paying in advance, the customer will receive from the seller an e-mail with the exact billing information. The customer must state his name and the order number when transferring the order, so that the seller can assign the receipt of the payment to the correct order.
(4) When paying with PayPal, the customer will be forwarded in the ordering process to the website of the online provider PayPal.
§4 DELIVERY; RETENTION OF TITLE
(1) Unless otherwise agreed, the delivery of the goods from the warehouse of the seller to the specified delivery address of the customer.
(2) The goods remain the property of the seller until full payment of the purchase price.
5.1 Right of withdrawal
The customer can cancel the contract within 14 days without giving reasons in writing (letter or e-mail) or by returning the products before the deadline. The period of revocation starts from the day on which he or a third party named by him, who is not the carrier, has taken possession of the goods.
He must return or hand over the goods to the seller immediately and in any event no later than fourteen days from the day on which he notifies the seller of the cancellation of the contract. The customer bears the immediate costs of returning the goods.
5.2 Consequences of the revocation
(1) In the event of an effective cancellation, the seller shall reimburse the costs of the goods (shipping costs are not reimbursed) no later than fourteen days from the date on which the notice of cancellation of this contract is received by the seller. The seller may refuse the repayment until he has received the goods back.
(2) For repayment, the same means of payment used by the customer in the original transaction is usually used. For payments in advance and credit card, the seller needs for the repayment, however, the account details of the customer. Only when the seller has received this, the repayment period begins.
(3) The customer must pay for a possible loss of value of the goods, if this loss of value is due to a not necessary for checking the nature, characteristics and functioning of the goods dealing with him.
End of revocation
(1) The legal warranty rights apply to all deliveries.
(2) If the customer receives an obviously damaged, defective or incorrectly delivered goods, he is requested to notify the seller immediately, but at the latest within 14 days after delivery of the goods.
(3) In the case of material defects, the customer has the choice of subsequent delivery or rectification of the product (supplementary performance). The customer has to grant the seller a reasonable period of time. The supplementary performance is deemed to have failed, in particular, if the seller has attempted the repair twice in vain.
(4) In case of failure of the supplementary performance, exceeding of the reasonable period of supplementary performance or refusal of subsequent performance in accordance with the statutory provisions, the purchaser has a claim to withdrawal from the purchase contract or reduction of the purchase price.
(5) If the seller delivers a new product to the customer by way of supplementary performance, the customer must return the defective product to the seller within 14 days at the expense of the seller.
(6) The seller is not liable for defects that have arisen as a result of incorrect handling, normal wear and tear or due to external influences. Repairs to the goods in own performance or by third parties, which took place without written consent of the seller, invalidate the warranty claim of the customer.
(7) The seller does not assume any warranties that go beyond those mentioned in this section. In particular, the seller assumes no guarantees.
§7 LIMITATION OF LIABILITY
(1) Liability for damages caused by ordinary negligence shall be excluded unless they result from the breach of essential contractual obligations, a warranty for the quality of the object of purchase, damage resulting from injury to life, body or health or Claims under the Product Liability Act (ProdHaftG) are affected. Significant contractual obligations are those, through the fulfillment of which a proper execution and execution of the contract becomes possible in the first place and the compliance of which a buyer may normally trust.
(2) The same regulations apply to breaches of duty by our vicarious agents.
(3) Liability for breach of material contractual obligations in cases of ordinary negligence shall be limited to such damages that are typically associated with the contract and are foreseeable.
All displayed texts, photos, logos, pictures, graphics and computer applications are the intellectual property of the seller or the corresponding companies. It is prohibited to commercially reproduce, distribute, otherwise make publicly accessible or edit the aforementioned elements in whole or in part without the consent of the copyright holders, unless the respective copyright holder has previously consented to them in writing.
§9 CUSTOMER ACCOUNT
Customer is responsible for maintaining the confidentiality of its account and password information and agrees to accept responsibility for all activities that occur under its account and password. The seller reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.
§10 SEVERABILITY CLAUSE
If one or more provisions of these terms and conditions are invalid or unenforceable, or if they subsequently become invalid, the remaining provisions shall remain unaffected. This shall only apply if the abolition of individual clauses disrupts a contracting party so unreasonably that it can no longer be expected that it will be adhered to in the contract.
§11 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.
§12 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.
§13 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.
§14 PRICES / PAYMENT TERMS / BILLING BAN
(1) Delivery is based on the price list or agreement 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.
§15 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.
§17 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 is especially true for minor color deviations, protruding threads on the tail or seam, minor positioning and size deviations of the finishes and small bruises due to the transport.
(9) If the production was previously released by sample or photo of the goods or of individual refining and the goods were delivered accordingly, then both the right of return and the right to abatement shall cease to apply. Careful examination of the release samples and photos is the responsibility of the purchaser. In particular, for the different presentation of colors on photos and the digital representation of the seller assumes no responsibility.
(10) 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.
(11) The warranty period is one year from delivery.
(12) 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.
(13) 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.
§18 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.
§19 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.
§20 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.