GENERAL TERMS AND CONDITIONS OF LUMA, MARCUS LUKIC-WALTHER
(The following terms and conditions also contain legal information about your rights under the Distance Selling and Electronic Commerce Regulations.)
§ 1 SCOPE OF APPLICATION AND OFFER
These terms and conditions apply to all orders placed with the online store by:
Luma Marcus Lukic-Walther
Malmöer Str. 17
Managing Director: Marcus Lukic-Walther
The product range in our online shop is aimed exclusively at buyers who have reached the age of 18 years.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they have not expressly again agreed. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
Contract language is exclusively German (available here).
You can retrieve and print the currently valid terms and conditions on the website AGB.
§ 2 CONCLUSION OF THE CONTRACT
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
By clicking on the button "buy" you make a binding purchase offer, § 145 German Civil Code (BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
A purchase contract for the goods only comes into existence if we expressly declare acceptance of the purchase offer (order confirmation) or if we ship the goods to you without prior express acceptance. Exception: when paying with PayPal, the order is accepted immediately with your order.
§ 3 PRICES
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. Further information about the shipping costs you receive directly during the ordering process under the point of shipping. You can find more information about shipping and the related costs in Payment & Delivery.
§ 4 SUBJECT MATTER OF THE CONTRACT AND ESSENTIAL CHARACTERISTICS OF THE GOODS
The subject of our online shop is the purchase of products related to fashion accessories.The main features of the goods can be found in the respective item description.
§ 5 TERMS OF PAYMENT; DELAY
Payment can be made by credit card, PayPal or Sofortüberweisung (Instant Transfer).
The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment.
If paying by credit card, the purchase price will be reserved on your credit card at the time of order (authorisation). The actual charge on your credit card account will be at the time we ship the goods to you.
When paying with PayPal, you will be redirected to the website of the online provider PayPal in the order process. In order to pay the invoice amount via the PayPal, you must be registered there or you must first register, legitimise with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the order process. The payment transaction will be carried out automatically by the PayPal immediately thereafter.
If you decide to pay with Sofortüberweisung (Instant Transfer), you may have to bear any costs incurred as a result of a chargeback of the payment transaction due to insufficient funds or due to incorrectly transmitted bank account details. For the immediate transfer you will be redirected to the Stripe's portal. There you can complete the purchase.
If you default on the payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 6 SET-OFF/ RIGHT OF RETENTION
You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
You can only exercise the right of retention if your counterclaim is based on the same contractual relationship.
§ 7 DELIVERY/ RETENTION OF TITLE
Unless otherwise agreed, the delivery of the goods is from our warehouse to the address specified by you.
The goods remain our property until the full payment of the purchase price.
Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact immediately. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.
If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
We reserve the ownership to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership to the reserved goods, pledging or transfer by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 8 CANCELLATION POLICY
In the case that you are a consumer within the meaning of § 13 BGB, therefore the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
Withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must contact and inform us
Company: LUMA Marcus Lukic-Walther
Address: Malmöer Str. 17, 10439 Berlin, Germany
By means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation:
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favourable standard delivery) we offer to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have to return or hand over the goods immediately and in any event not later than fourteen days from the date on which you inform us of the revocation of this contract to us or to possibly Name and address of a person entitled to receive the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling which is not necessary for the examination of the nature, characteristics and functionality of the goods.
Sample withdrawal form:
If you want to cancel the contract, please fill out this form and send it back.
End of revocation:
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name):
Sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery
Goods, if, by reason of their nature, have been inseparably mixed with other goods after delivery
Sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery
Newspapers, magazines or magazines except subscription contracts
2. Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
3. Please email us before returning to announce the return. In this way, you enable us to assign the products as quickly as possible.
4. Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 9 TRANSPORT DAMAGES
If goods are delivered with obvious damage in transit, please complain about such errors immediately to the deliverer and please contact us as soon as possible.
The failure to file a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
§ 10 WARRANTY
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433ff. BGB).
If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods - other than the statutory provisions - is one year. This restriction does not apply to claims based on damages resulting from injury to life, limb or health or the violation of a material contractual obligation, the fulfilment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) and for claims based on other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
For the rest, the statutory provisions, in particular the two-year limitation period, apply to the warranty. Section 438 (1) no. 3 BGB.
If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
1. For the condition of the commodity only our own data and the product description of the manufacturer are binding, not, however, public prices and expressions and other advertisement of the manufacturer.
2. You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 (seven) days after receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the case of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
3. In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.
The warranty period is one year from date of delivery.
§ 11 LIABILITY
1. Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the product liability law. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
2. In addition, the following limited liability shall apply: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 12 ALTERNATIVE SETTLEMENT OF DISPUTES
The EU Commission has provided a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/. We endeavour to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 13 FINAL PROVISIONS
Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
Exclusively German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of: March, 2019
Company: LUMA, Marcus Lukic-Walther
Address: Malmöer Str. 17, 10439 Berlin
I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*):
- Ordered on/ Delivered on (date): _______________
- Your name: __________________________________
- Your address: ________________________________
Place, Date and Your signature (only when notified on paper):