1. CONTRACTING PARTY
(1) These General Terms and Conditions apply to all contracts between Lucía Walter and the customers, concluded via the online shop at www.luciawalter.com.
The "Seller" in the meaning of the following terms and conditions is:
Membacher Weg 5
91056 – Erlangen
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by the customers (each, a „Customer“) through the online shop at www.luciawalter.com are governed by the following general terms and conditions (“GTC”).
(2) The Seller’s product offers are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these GTC, (a) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (b) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
3. OFFER, CONCLUSION OF CONTRACT AND LANGUAGE
(1) The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order.
(2) By clicking the button "BUY" the Costumer makes a binding declaration of intent to order the goods listed on the order page. The Seller retains the right to accept the Costumer’s order.
(3) Without undue delay upon receipt of the order, the Seller will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The sales contract with the Customer shall not become effective until the Seller’s acceptance. The order shall be deemed to be accepted by the Seller upon subsequent e-mail (“Order Confirmation”) to the e-mail address provided by the Costumer. This confirmation mail contains all data of the order including the present GTC.
(4) The contract is concluded in English.
4. PRICES AND PAYMENT
(1) As the Seller is a small entrepreneur, according to the German § 19 UStG, no VAT will be charged on any of the Seller’s products. Shipping costs will be charged separately and will be clearly visible while placing the order. Any customs duties and similar public charges shall be borne by the Customer.
(2) Payments can be made via Paypal.
5. RETENTION OF TITLE
(1) The Seller retains legal title to any product supplied by the Seller until the purchase price (including shipping costs) for such product has been fully paid.
6. PROCESSING TIME
Each item in the online shop will list its corresponding processing time. Processing time does not include shipping time. The Costumer will accept this extra time when placing an order.
7. SHIPPING AND AVAILABILITY
(1) Shipping expenses are paid by the Costumer and they shall be clearly stated during the purchase process as well as in the confirmation of receipt and the “Order Confirmation”.
(2) Any deadlines and dates of shipment communicated by the Seller shall be only approximate.
(3) Unless expressively otherwise agreed, the Seller shall be free to determine the appropriate kind of shipment and to select the carrier at the Seller’s reasonable discretion.
(4) Any time periods relevant to determine the date of shipment shall begin upon receipt of the entire purchase price (including shipping costs).
(5) In the event that the product is no longer available the Seller shall without undue delay inform the Customer thereof. If the product is no longer available within the foreseeable future, Seller will not confirm the order and no contract will be concluded.
(6) A tracking number (at no additional charge) shall be provided to the Costumer as soon as the Seller has shipped the goods. The Seller won’t be held responsible for lost or stolen packages.
(7) The Seller is not responsible for any customs or duty fees associated with shipping to other countries. The Costumer is responsible for knowing the country’s customs and duty policies prior to purchasing and their payment.
(1) In the event of a defect of the delivered product, Customer shall be entitled to request either the rectification of defects or delivery of a substitute (as ordered) which is free of defects. The Seller is entitled to refuse to remedy the defective product in the manner requested by the Customer, if such remedy is impossible or would result in unreasonable costs.
(2) The Customer is obliged to allow the Seller the required time and opportunity to rectify the defects or replace the product and shall previously hand over the goods concerned for inspection or document the damages/defects with pictures that shall be sent to the Seller per email. In case of a delivery of a substitute, Customer shall return the defective product.
(3) If the subsequent performance fails or becomes unreasonable to the Customer or if the Seller refuses to remedy the defective product, the Customer shall be entitled to terminate the sales contract or negotiate with the Seller a reduction of the purchase price. For all claims of the Customer bases upon compensation and reimbursement respectively, the provisions contained in Sec. IX of these GTC apply.
(1) The Seller is not liable (on whatever legal grounds) for any damage not to be expected from normal use of the product. The limitation of liability given above shall not apply in case of deliberate intention or gross negligence.
(2) The Seller is liable for negligent breach of duties, the discharge of which is necessary for the proper fulfillment of the contract in the first place, the breach of which endangers the attainment of the purpose of the contract, and the observance of which the Customer can usually rely upon. In the latter case, however, the Seller shall only be liable for foreseeable damage typical for the contract. The Seller shall not be liable for negligent breach of duties other than those given in the preceding sentences.
(3) Liability for compensation is excluded beyond this. Liability for culpable injury to life, limb or health remains unaffected according to the legal regulations. This also applies to mandatory liability in accordance with product liability law.
10. RIGHT OF WITHDRAWAL
(1) The Costumer holds the right to cancel the purchase of a good without having to give a reason at any time within the "cooling off period" of seven working days, beginning on the day after the consumer receives the goods. The withdrawal period will expire after this time.
(2) To exercise the right of Withdrawal, the Costumer must notify the Seller this decision through written form (per email or sending a letter to the Seller’s address) before the ending of the withdrawal period.
(3) If the Costumer is in possession of the goods, the Costumer is under the duty to retain them and take reasonable and responsible care of them. The goods must be sent in perfect conditions back to the Seller’s contact address at the Costumer’s own cost within 7 working days once they have canceled the contract.
(4) The Seller reserves the right to make a charge not exceeding the Seller’s direct costs of recovering the goods if the Costumer does return them at the Seller’s expense.
(5) After the Seller receives the product back, any sum already payed to the Seller will be refunded to the consumer within the following 5 working days. The reimbursement shall be made through the same payment system as the one used for the purchase of the goods.
(6) There is no right to withdraw the purchase of the following goods:
•Custom or personalized orders
•Items on sale
11. DATA PROTECTION
(1) Regarding the conditions for the acquisition, processing and storage of the Costumer’s personal data please check the separately given Privacy Terms.
(1) All content rights are held by Lucía Walter. The copy or use of the content of this website without written permission is forbidden.
(1) If the Costumer has any complaint or doubt about the products they can be addressed to firstname.lastname@example.org.
14. CLOSING PROVISIONS
(1) The laws of Federal Republic of Germany with the exclusion of the UN Convention on the International Sale of Goods apply to any contracts entered between the Seller and the Costumer.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. I (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts of Erlangen / Nürnberg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
15. CHANGES TO THESE TERMS OF SERVICE
(1) The Seller reserves the right to modify theterms of service at any time, so the Costumer should review it frequently.
(2) Changes and clarifications will take effect immediately upon their posting on the website.
(3) If the Sellers makes material changes to this policy, the Costumer will be notifyed that it has been an update.
Copyright © 2018 Lucía Walter. All rights reserved.