General terms and conditions of business
1. Scope
1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between www.luckymes.com, owner: Jonas Hansen (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer").
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity (Section 13 of the German Civil Code).
1.3. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not constitute a warranty or guarantee.
3. Ordering process and conclusion of contract
3.1. The Customer may select products from the Seller's range without obligation and collect them in a so-called shopping cart by clicking on the [Add to shopping cart] button.
4. Prices and shipping costs
4.1. All prices stated on the Seller's website include the applicable statutory value-added tax.
5. Delivery, availability of goods
5.1. If no copies of the selected product are available at the time the customer places the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case, no contract will be concluded.
6. Payment terms
6.1. The customer can choose from the available payment methods during and before completing the order process.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
The delivered goods (reserved goods) remain the property of the seller until all current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.
If the buyer defaults on payment of the purchase price, the seller has the right to withdraw from the purchase contract and demand the return of the reserved goods from the buyer, provided that the seller has unsuccessfully set the buyer a reasonable deadline for payment. This does not apply if setting a deadline is dispensable under statutory provisions. The demand for return does not simultaneously constitute a declaration of withdrawal; rather, the seller is entitled to simply demand the return of the goods and reserve the right to withdraw.
In the event of breach of contract, the Seller may require the Buyer to disclose the assigned claims and the respective debtors, to notify the respective debtors of the assignment and to hand over to the Seller all relevant documents and to provide all information that the Seller requires to assert the claims.
As long as ownership has not yet been transferred to the buyer, he undertakes to treat the goods subject to retention of title with care and to insure them at his own expense against fire, water and theft damage to their replacement value (note: only permissible for the sale of high-value goods).
Until the secured claim has been paid in full, the reserved goods may not be pledged to third parties or transferred as security.
If the buyer files for insolvency, he must notify the seller immediately in writing. If the reserved goods are seized by third parties or are subject to other third-party interventions, the buyer is obligated, as long as ownership has not yet been transferred to him, to inform the third party of the seller's ownership rights and to notify the seller immediately in writing so that the seller can enforce his ownership rights. The buyer is liable for any judicial or extrajudicial costs incurred in this connection in accordance with Section 771 of the Code of Civil Procedure (ZPO), unless the third party is able to reimburse the seller for these costs.
8. Warranty and guarantee for material defects
8.1. The warranty is determined in accordance with statutory provisions.
9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims.
10. Right of withdrawal
Start of the cancellation policy for consumers - Right of cancellation You can cancel your contract within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is handed over to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time.
The revocation must be sent to: Lucky Mes, Volkartstrasse 11, 80634 Munich, lucky@luckymes.de
Consequences of revocation:
In the event of an effective cancellation, both parties must return the services received and surrender any benefits derived (e.g., interest). If you are unable to return or surrender the service received and any benefits derived (e.g., benefits of use) to us, or only partially, or only in a deteriorated condition, you must compensate us for the value. You must only pay compensation for the deterioration of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond testing its properties and functionality. "Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Items that can be sent by parcel must be returned at our risk. You will be responsible for the standard return shipping costs if the delivered goods correspond to those ordered and if the price of the returned item does not exceed 50 euros, or if, in the case of a higher price, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you upon dispatch of your cancellation notice or the item; for us, upon receipt of the item.
End of the cancellation policy for consumers -
11. Exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or to the delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by you.
12. Returns
12.1. Customers are requested to notify the seller of the return by emailing lucky@luckymes.de prior to returning the goods. This will allow the seller to allocate the products as quickly as possible.
12.2. Customers are requested to return the goods to the Seller as a prepaid parcel and retain the delivery receipt. Upon request, the Seller will reimburse the Customer for postage costs in advance, unless the Buyer is responsible for these costs.
12.3. Customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the Seller in their original packaging with all accessories. If the original packaging is no longer in the Seller's possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages resulting from inadequate packaging.
12.4. The terms and conditions set out in this section (No. 12) of the Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal pursuant to No. 10 of these Terms and Conditions.
13. Return costs in case of cancellation
13.1 If the customer is a consumer, he or she shall bear the regular costs of return in the event of cancellation (see No. 10 of these General Terms and Conditions) if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of cancellation.
14. Storage of the contract text
14.1. The Seller saves the contract text of the order. The General Terms and Conditions are available online. The Customer can print the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order process.
15. Data protection
15.1. The Seller processes the Customer’s personal data for specific purposes and in accordance with the statutory provisions.
16. Place of jurisdiction, applicable law, contract language
16.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Purchaser is a merchant, a legal entity under public law or a special fund under public law.