General Terms and Conditions

for the online shop at the URL

https://www.linsenmanufaktur.de/shop

operated by

Linsenmanufaktur
Petra Kaiser
Gesselner Hude 50
33106 Paderborn
E-Mail: info@linsenmanufaktur.de
Telefon: +49 5254 9304868

– hereinafter: the Provider –

1. Scope

Once incorporated, these General Terms and Conditions (GTC) apply to all contracts for the purchase of goods, services or other items (hereinafter “goods”) in the online shop at the above URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Differing terms and conditions of the customer do not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to online-shop visitors to submit an offer to purchase the goods offered in the shop.

2.2 Goods are ordered via the Provider’s online order form. After selecting the desired goods, entering all requested mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and this order confirmation reaches the customer, or when the Provider delivers the ordered goods and these goods reach the customer, or when the Provider requests payment from the customer (e.g. invoice or credit-card payment during the ordering process) and this payment request reaches the customer; the decisive point in time for conclusion of the contract is the moment at which one of the alternatives named in the first clause first occurs.

2.3 Before bindingly submitting the order via the Provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are shown once more in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The Provider will store the contract text after conclusion of the contract and send it to the customer in text form (e.g. by email). The Provider does not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for concluding the contract: German

3. Right of withdrawal for consumers

Consumers are generally entitled to a right of withdrawal in the case of contracts concluded away from business premises and distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. Details can be found in the cancellation policy, which is made available to every consumer no later than immediately before conclusion of the contract.

4. Payment, default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT plus any shipping costs listed. The customer is informed of the available payment options in the Provider’s online shop.

4.2 If “payment in advance” is agreed, the purchase price is due immediately after conclusion of the contract.

4.3 Ist die Zahlung via “žPayPal” vereinbart, wird der Kaufpreis sofort nach Vertragsabschluss fällig. Die Zahlungsabwicklung erfolgt über den Zahlungsdienstleister PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of title

The purchased goods remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and reservation of self-supply

6.1 Unless otherwise agreed, delivery takes place within 3 to 7 working days to the delivery address specified by the customer.

6.2 Collection of the purchased goods in person is excluded.

6.3 If the Provider is unable to deliver the ordered goods because, through no fault of its own, it was not supplied itself, even though it concluded a congruent covering transaction with a reliable supplier in good time, the Provider is released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer without undue delay of the impossibility of performance. Any consideration already rendered by the contracting party will be refunded to them without undue delay. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability and indemnification

8.1 The Provider is liable without limitation:

• for damage arising from injury to life, body or health that is based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damage based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• on the basis of a guarantee, insofar as no other provision has been made in this respect;
• on the basis of mandatory liability (e.g. under the Product Liability Act)

8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited under the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely.

8.3 In all other respects, any liability of the Provider as well as the liability of its vicarious agents and legal representatives is excluded.

8.4 The customer indemnifies the Provider against any third-party claims – including the costs of legal defence in their statutory amount – asserted against the Provider as a result of unlawful or contract-breaching acts by the customer.

9. Data protection

The Provider treats its customers’ personal data confidentially and in accordance with the statutory data protection provisions. For details, please refer to the Provider’s privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not have the effect of depriving a consumer habitually resident in the EU of the protection afforded by mandatory statutory provisions of the law of their state of residence. 

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider’s registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. Our company’s registered office can be found in the heading of these GTC.

10.3 Insofar as any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.

11. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr.

The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

You can find our email address in the heading of these GTC.