Terms and Conditions

General Terms and Conditions

1. SCOPE OF APPLICATION

The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

For entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. CONTRACTING PARTY, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES

The purchase contract is concluded with LukTom.

The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of the receipt of your order will be sent by e-mail immediately after the order has been placed.

We accept your offer within two days by

  • sending a declaration of acceptance in a separate email or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of the payment transaction depends on the payment method selected (see under "Payment").

The relevant alternative for you depends on which of the listed events occurs first.

3. CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. DELIVERY CONDITIONS

We deliver free of shipping costs.

We only deliver by shipping. Self-collection of the goods is unfortunately not possible.

5. PAYMENT

In our shop, the following payment methods are generally available to you:

Prepayment
If you choose the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit Card
During the ordering process, you enter your credit card details. Your card will be charged immediately after placing the order.

SEPA Direct Debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one banking day in advance (so-called pre-notification). A banking day is any working day except Saturdays, national public holidays, and December 24 and 31 of each year. The account will be debited before the goods are shipped.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further information can be found during the ordering process.

Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found during the ordering process.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found during the ordering process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt"), we offer the payment methods giropay and paydirekt.

giropay
To pay the invoice amount via giropay, you must have a bank account enabled for online banking, legitimize yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after placing the order. Further information can be found during the ordering process.

paydirekt
To pay the invoice amount via paydirekt, you must have a bank account enabled for online banking, be registered with paydirekt, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and in the ordering process.

Klarna Credit Card
During the ordering process, you enter your credit card details. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.

Klarna Direct Debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.

6. RIGHT OF WITHDRAWAL

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. RETENTION OF TITLE

The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale - irrespective of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. WARRANTY AND GUARANTEES

8.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and shortened deadlines do not apply to claims for damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as malice
  • in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

Limitations for entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions that have been included in the contract apply as an agreement on the quality of the goods; we do not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Regulations for merchants

Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

8.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

9. LIABILITY

For claims for damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • in case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited to the amount of the foreseeable damage typical for the contract at the time the contract was concluded.
Otherwise, claims for damages are excluded.

10. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR), which you can find  here . We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

11. FINAL PROVISIONS

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

GTC created with the Trusted Shops Legal Text Generator