General Terms and Conditions of Business
of LCK GmbH (represented by its Managing Director Mr. Gunter Keller), Im Unterfeld 2, 76698 Ubstadt-Weiher, registered at the Local Court of Mannheim (HRB 232667), UstID DE 237 084 841 for the website www.moebelpflegeshop.de, (hereinafter: “LCK”)
§ 1 Scope of application
These GTC apply to all claims arising from contracts concluded between “LCK” and the buyer (hereinafter “the buyer”) via the website www.moebelpflegeshop.de. “LCK” primarily offers care products for leather goods, furniture and fabrics via its website. The following terms and conditions and the text of the contract are written in German and can be downloaded and printed out by the Buyer. On request, they can be requested in digital or written form at the e-mail address in- Entfernen Sie diesen Textteil -fo@lederpflege.de.
§ 2 Services, prices
(1) “LCK” endeavors to provide images of the items offered that are as true to the original as possible. However, slight color deviations and other optical deviations are possible.
(2) The total price of the goods including all associated price components as well as the payment options and information can be found in the information provided in the item description. All prices are final prices plus shipping costs and include statutory VAT at the applicable rate, which is paid by “LCK” to the tax office.
(3) The Buyer has the following payment options: by credit card (VISA, Mastercard), by advance payment/bank transfer, by invoice, by instant bank transfer or via PayPal.
§ 3 Delivery, shipping
(1)The shipping costs are specified in the respective offer under the item “Shipping”. Shipment will be made within 3-4 working days after receipt of payment. Shipping is carried out by DHL unless otherwise agreed. The shipping risk shall be borne by “LCK” if the Buyer is a consumer.
(2) If no copies of the product selected by the Buyer are available at the time of the Buyer's order, “LCK” shall inform the Buyer of this immediately in the order confirmation. If the product is permanently unavailable, “LCK” shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. If the product designated by the Buyer in the order is only temporarily unavailable, “LCK” shall also inform the Buyer of this immediately in the order confirmation.
(3) In the event of a delay in delivery of more than two weeks, the Buyer has the right to withdraw from the contract. The Buyer's statutory right of withdrawal (see § 5 of these contractual conditions) shall not be affected by this. In this case, “LCK” is also entitled to withdraw from the contract. In this case, “LCK” shall immediately reimburse any payments already made by the Buyer.
§ 4 Conclusion of contract
(1) The Buyer can select products from the “LCK” range, in particular care products for leather goods, furniture and fabrics, and collect these in a so-called shopping cart using the “Add to cart” button. By clicking on the button “Order now for a fee”, the Buyer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the buyer can change and view the data at any time; the buyer has the option of correcting input errors before confirming his offer (e.g. via the back button or canceling the order process and changing the previous input). However, the application can only be submitted and transmitted if the Buyer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application.
(2) “LCK” then sends the Buyer an automatic confirmation of receipt by e-mail, in which the Buyer's order is listed again and which the Buyer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the Buyer's order has been received by “LCK” and does not constitute acceptance of the application. The contract is only concluded when “LCK” issues the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the Buyer by “LCK” on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations and can be requested in digital or written form at the e-mail address in- Entfernen Sie diesen Textteil -fo@lederpflege.de. You will be informed about the dispatch of the ordered goods by e-mail as soon as the goods have been handed over to the transport company by “LCK”. Invoices from LCK are sent by e-mail.
(3) The contract is concluded in German.
§ 5 Right of withdrawal for consumer contracts
A contract concluded between “LCK” and the Buyer via www.moebelpflegeshop.de for the delivery of goods is a distance contract within the meaning of § 312 c paragraph 1 BGB. The Buyer, who is a consumer within the meaning of § 13 BGB, is entitled to a right of withdrawal in accordance with §§ 312g, 355 BGB (consumer withdrawal in distance selling transactions). A consumer according to § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. Further information on the right of withdrawal as a consumer can be found in the separate withdrawal policy. Cancellation instructions in text form will be sent to the buyer by e-mail. To exercise the right of withdrawal, the buyer can use the withdrawal form.
§ 6 Warranty for material defects, guarantee
(1) “LCK” shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434ff. BGB. The warranty obligation towards entrepreneurs for goods delivered by “LCK” is 12 months. Please note that slight deviations from the specified dimensions are possible for production reasons.
(2) An additional guarantee only exists for goods delivered by “LCK” if this was expressly stated in the order confirmation for the respective item.
§ 7 Retention of title
“LCK” retains ownership of the delivered goods until full payment has been made.
§ 8 Liability
(1) Claims of the Buyer for damages are excluded. Excluded from this are claims for damages by the Buyer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by “LCK”, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, “LCK” shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Buyer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them. (4) The provisions of the Product Liability Act remain unaffected.
§ 9 Data protection
The Buyer agrees that his personal data received in the course of the business relationship may be stored and processed. The data shall be treated in strict confidence and in accordance with the provisions of data protection law. “LCK” will not pass on the Buyer's data to third parties or use it to send advertising unless express prior consent has been given.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between “LCK” and the Buyer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the Buyer as a consumer has his habitual residence, remain unaffected.
(2) Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr
(3) If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and the provider is the registered office of the provider.
(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
“Information on online dispute resolution:
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr/
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.”