Terms & Conditions

The English-language version of these General Terms and Conditions is intended solely for informational purposes. Only the original German text is legally binding.

Terms and Conditions and Customer Information

(The following Terms and Conditions contain legal information concerning your rights as stated in the regulations on distance contracts and electronic commerce.)

  1. Scope of Application
  2. Offers and Service Descriptions
  3. Ordering Process and Conclusion of Contract
  4. Prices and Shipping Costs
  5. Shipping, Product Availability
  6. Terms of Payment
  7. Title Retention
  8. Guarantee Against Material Defects and Warranty
  9. Liability
  10. Storage of the Contract Text
  11. Privacy Policy
  12. Place of Jurisdiction, Applicable Law, Contract Language

 

  1. Scope of Application

1.1. The following Terms and Conditions apply exclusively to the business relation between (luafox, owner: Michael Gerbracht, Wilhelmsdorfer Str.2, 14776 Brandenburg a.d.Havel) (hereinafter referred to as “Vendor”) and the customer (hereinafter referred to as “Customer”) in the version applicable at the time of ordering.

1.2. If you want to voice complaints, claims and general feedback we kindly ask you to contact us at info@luafox.de. We will get back to you as soon as possible.

1.3 A “Consumer” in terms of these general terms and conditions is any individual entering into the contract with luafox.de for a purpose not related to his or her business, trade or self-employed professional activity.

1.4 Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

 

 

  1. Offers and Service Descriptions

2.1. The product presentation in our online shop is not a legally binding offer but an invitation to place an order.

  1. Ordering Process and Conclusion of Contract

3.1 The Customer can choose items from the Vendor’s assortment of goods and can collect them with the button “Add Item to Basket” in a so-called “Shopping Cart”. Subsequently the Customer can complete his order within the Shopping Cart via the button “Proceed to Checkout”.

3.2 By placing an order with the button “Order Now”, the Customer makes a binding offer to purchase the relevant products in the “Shopping Cart”. Before sending the order the Customer can retrieve and change the content of the “Shopping Cart” at any time. Information necessary for the Vendor is marked with a star.

3.3 Hereupon the Customer receives an automatically generated receipt of the order by email, which itemises again the Customer´s order and can be printed by pressing the button ”Print”. The automatically generated receipt of the order only signifies that the order has been received, but shall not constitute an acceptance of the order. The sales contract with the Customer and luafox.de becomes effective by acceptance of the Customer’s order either upon subsequent e-mail acceptance of the order within two days or by dispatching the product (including the invoice) within two days.

3.4 If the Vendor allows for prepayment the contract comes into effect with the provision of the bank details and payment request. If the Vendor hasn’t received payment up until 10 days after the order date he withdraws from the contract. As a consequence, the Customer’s claim to the order lapses and the Vendor is released from his supply obligation.

  1. Prices and Shipping Costs

4.1 The prices displayed in the online shop of the Vendor include statutory VAT.

4.2 In addition to the stated prices the Vendor charges an extra fee for the shipping of products. The Customer will be notified of these shipping costs on a separate information page as well as during the ordering process. The Vendor doesn’t charge any costs for the electronic delivery of digital products.

  1. Shipping, Product Availability

5.1 If the Vendor and the Customer agreed on prepayment the product will be shipped after the invoice amount is settled.

5.2 If the delivery of the product fails for the third time, the Vendor may step back from the contract. In this case the payments made by the Customer will be refunded.

5.3 Delivery times and supply restrictions (e.g. if the delivery is restricted to certain countries) are specified on a separate information page or on the product description page.

  1. Terms of Payment

6.1 During the ordering process the Customer can choose among the available forms of payment. The available forms of payment are listed on a separate information page.

6.2 In the case of payment by invoice the payment has to be settled within 30 days after receipt of the products. In all other cases payment has to be made in advance without deductions.

6.3 If third-party providers (such as Paypal) are charged with payment processing their Terms and Conditions come into effect.

6.4 The Customer is only entitled to compensation if his counter-claims have been legally established or are recognized by the Vendor.

  1. Title Retention

Until complete payment the delivered products remain in the ownership of the Vendor.

  1. Warranty Against Material Defects and Guarantee

8.1. The warranty is determined according to the legal provisions.

8.2. A guarantee for the products sold by the Vendor only exists if it is explicitly given. Customers will be informed about guarantee conditions before the ordering process is initiated.

  1. Liability

9.1. Regarding the Vendor’s liability for damages the following liability exclusions and liability limitations apply (irrespective of any other statutory conditions of entitlement).

9.2. The Vendor is liable without limitation with regard to damages caused by intent or gross negligence.

9.3. Furthermore the Vendor is liable for slightly negligent violations of essential duties whose breach will put the achievement of the contractual purpose at risk as well as for violations of duties whose fulfilment is essential for the proper implementation of the contract and on whose observance the Customer can reasonably rely. In this case the Vendor’s liability is limited to the foreseeable and contract-typical damage. The Vendor is not liable for the slight negligence of any duties other than those specified in the statements above.

9.4. The liability restrictions listed above do not apply in the event of culpable injury to life, body and health, in the case of liability arising from a contractually assumed fault-related guarantee or in the event of defects maliciously concealed by the Vendor.

9.5. In cases where the Vendor’s liability is excluded or restricted, the same applies to the personal liability of employees, representatives and vicarious agents.

  1. Storage of the Contract Text

10.1.The Customer can print the contract text before placing the order by using the print function of his browser during the last step of the ordering process.

10.2. In addition, the Vendor sends the Customer an order confirmation via email to his indicated address including all the order details. In combination with the order confirmation the Customer furthermore receives a copy of the Vendor’s terms and conditions as well as the revocation instruction and information regarding shipping costs and terms and conditions of delivery and payment. If you are a registered in our online shop you can view your placed orders in your profile sector. We save the contract text additionally but we don’t make it available on the internet.

  1. Privacy Policy

11.1. The Vendor collects personal data relating to the Customer to the extent necessary for the purpose of implementation of the contract and in compliance with statutory provisions.

11.2. Personal data which are given for the purpose of ordering goods (for instance name, email address, postal address, payment details) are used by the Vendor for the fulfillment and execution of the contract. These data are treated confidentially and are not given to third parties that are not involved in the ordering, shipping or payment process.

11.3. Upon application, the Customer has the right to receive information free of charge about his personal data that is saved by the Vendor. In addition, he is entitled to the correction of inaccurate data as well as the blocking and cancellation of his personal data provided there is no statutory retention obligation which contradicts that.

11.4. Further information about the nature, scope, location and purpose of the survey, processing and use of the necessary personal data by the Vendor can be found in the privacy statement.

  1. Place of Jurisdiction, Applicable Law, Contract Language

12.1. Place of jurisdiction as well as place of performance is the place of residence of the Vendor, as long as the buyer is not a consumer but a dealer, an entity of public law or an entity of public law special assets.

12.2. The contract language is German.