Terms and Conditions for the Online Shop of love-union.de OHG

1. General

   1. The following contractual provisions (Terms and Conditions) apply to all contracts concluded via the online shop of love-union.de OHG, Unionrampe 6, 77652 Offenburg, Germany (hereinafter: SELLER) under the domain www.love-union.de with the customer (hereinafter: CUSTOMER).

   2. These Terms and Conditions contain special provisions for customers who are entrepreneurs within the meaning of § 14 BGB (hereinafter: ENTREPRENEUR). These special clauses for business transactions are marked by an explicit reference to ENTREPRENEUR and do not apply to transactions with consumers within the meaning of § 13 BGB.

   3. The SELLER does not recognize any deviating general terms and conditions of the customer unless the SELLER has expressly agreed to them in writing.

2. Conclusion of Contract

   1. The CUSTOMER can place the desired products in the shopping cart by clicking the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the required contact details for shipping and payment and complete the order by clicking the "Order with obligation to pay" button.

   2. Input errors, especially products mistakenly placed in the shopping cart, can be corrected by the CUSTOMER by entering the desired quantity in the shopping cart and using the available buttons. During the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.

   3. The presentation of the products in the SELLER's online shop is merely a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the products contained in the shopping cart. The SELLER will immediately confirm receipt of the order by automated email. The automated order confirmation from the shop system does not yet constitute a contractual relationship. The SELLER will accept the CUSTOMER's offer after checking the stock by separate declaration of acceptance by email or by sending the goods within a period of 5 days or 3 working days after the order. Only with this separate declaration of acceptance or upon receipt of the goods within the aforementioned period does the purchase contract come into effect. The issuance of the invoice is equivalent to a declaration of acceptance.

   4. The purchase contract is concluded with love-union.de OHG, Unionrampe 6, 77652 Offenburg, Germany.

   5. The contract language is German.

3. Storage of Contract Text

   The contract text is stored by the SELLER. The order data will be sent to the CUSTOMER separately in text form (email). The Terms and Conditions can also be accessed and printed out in the online shop.

4. Right of Withdrawal

   Consumers are generally entitled to a statutory right of withdrawal. The legal regulations regarding any existing right of withdrawal are contained exclusively in the withdrawal policy, which is available to the CUSTOMER during the ordering process.

5. Prices and Shipping Costs

   1. The prices valid on the day of the order, as displayed in the online shop, apply.

   2. The prices displayed in the online shop are stated in euros and include the statutory value-added tax.

   3. For the purchase of goods delivered in a package or otherwise by post, the following applies: The prices displayed in the online shop do not include shipping costs for packaging and postage. The shipping costs are dynamically calculated during the ordering process and displayed in the shopping cart overview before the order is placed.

   4. For all orders/deliveries of goods, a flat shipping fee is charged, which is communicated during the ordering process. The flat shipping fee for international shipping is also visible in the shopping cart before the order is placed. The flat shipping fee for international shipping will be communicated to the CUSTOMER separately after the order, provided it is not visible in the shopping cart before the order is placed. The CUSTOMER has the right to cancel their order within 2 working days after notification of the international shipping costs if the international shipping costs were not specifically communicated before the order.

   5. In individual cases, additional taxes (e.g., in the case of intra-community acquisition) and/or duties (e.g., customs duties) may be payable by the CUSTOMER for cross-border deliveries.

6. Payment Terms

   1. The SELLER only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER selects their preferred payment method from the available options.

   2. If the CUSTOMER chooses the cash payment method, they must pay the purchase price in cash upon collection of the goods.

   3. If delivery is made against prepayment by bank transfer, the CUSTOMER must transfer the payment of the purchase price plus any delivery and shipping costs to the seller before delivery. Delivery will take place after receipt of the full invoice amount in the SELLER's account.

   4. If delivery is made by credit card payment, the CUSTOMER authorizes, by providing their credit card details, the full invoice amount including any delivery and shipping costs to be charged by the relevant credit card company when due. At the end of the ordering process, the CUSTOMER will be asked to enter their credit card number, the card's expiration date, and the verification code into the appropriate form. Depending on the amount to be paid or the type of delivery, the customer may be asked, by displaying the credit institution's website, for a required second authentication feature. The CUSTOMER must then verify the payment process with their personal second authentication feature such as password, PIN, TAN, or biometric data such as fingerprint or facial scan using a special app. The specific type of identification used depends on the respective payment service provider (e.g., the CUSTOMER's credit card institution). The charge will be initiated with the order confirmation in this case. For more information, please contact your credit provider.

   5. If payment is made via PayPal of the company PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and authenticate with their PayPal login details. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER. Payment via PayPal can also be made without a PayPal user account. The terms and conditions available via the payment method apply to the guest function of PayPal. If the CUSTOMER selects payment by credit card in PayPal, they may, depending on the amount to be paid or the type of delivery, be asked, by displaying the credit institution's website, for a required second authentication feature. The CUSTOMER must then verify the payment process with their personal second authentication feature such as password, PIN, TAN, or biometric data such as fingerprint or facial scan using a special app. For more information, please visit the Paypal website at https://www.paypal.com/de/webapps/mpp/home.

   6. Set-off rights are only available to CUSTOMERS who are ENTREPRENEURS within the meaning of § 14 BGB if the counterclaims have been legally established, are undisputed, or have been recognized by the SELLER, or if the opposing claims are based on the same legal relationship. This prohibition of set-off does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

7. Delivery and Shipping Conditions – Information on Calculation of Delivery Date

   1. Delivery of goods that are delivered in a package or otherwise by post will, unless otherwise agreed with the CUSTOMER, be made by post (package, parcel, letter, freight forwarding, etc.) to the delivery address provided by the CUSTOMER in the order.

   2. The delivery time is specified separately on the respective product detail page.

   3. The delivery time specified on the product detail page begins, in the case of payment in advance, on the working day after the CUSTOMER's payment order to the transferring credit institution, or for all other payment methods, on the working day after the day the contract is concluded.

   4. The risk of accidental loss and accidental deterioration of the sold item passes to ENTREPRENEURS upon handover to them or a person authorized to receive the goods, in the case of mail order purchases, already upon delivery of the goods to a suitable transport person. For deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer upon handover of the goods to them in accordance with § 446 BGB. With regard to the transfer of risk, it is equivalent to handover if the CUSTOMER is in default of acceptance.

   5. Orders can be placed by all customers from the European Economic Area as well as, if applicable, other countries specified in the online shop and/or in the shipping cost table. Delivery of orders is only made to Germany and, if applicable, to the countries specified in the online shop and/or in the shipping cost table.

   6. In the event of delivery delays, the SELLER will inform the CUSTOMER immediately.

   7. If the carrier returns the purchased item to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER bears the costs for a new shipment. This does not apply if the CUSTOMER has exercised any existing right of withdrawal in parallel with the refusal of acceptance or if they are not responsible for the circumstance that led to the impossibility of delivery, or if the CUSTOMER was temporarily prevented from accepting the offered service, unless the SELLER had announced the service to them a reasonable time in advance.

8. Retention of Title

   1. The SELLER retains ownership of the sold items until full payment of the purchase price has been made.

   2. Goods subject to retention of title may not be pledged or transferred as security to third parties by the CUSTOMER before full payment of the secured claims. The CUSTOMER must notify the SELLER immediately in text form if and to the extent that third parties access the SELLER's goods.

   3. In the event of conduct contrary to the contract by the CUSTOMER, in particular non-payment of the due purchase price, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER has previously been unsuccessfully given a reasonable deadline for payment or if such a deadline is dispensable under the statutory provisions.

9. Warranty/Liability for Defects/Obligation to Give Notice of Defects

   1. The rights in the event of defects in the purchased item are governed by the statutory provisions.

   2. Claims for defects by ENTREPRENEURS who are merchants within the meaning of the German Commercial Code (HGB) require that they have properly fulfilled their obligations to inspect and give notice of defects in accordance with § 377 HGB within 14 calendar days of receipt of the goods in text form. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

   3. The limitation period for defect claims by ENTREPRENEURS is 12 months, calculated from the transfer of risk to the ENTREPRENEUR. This shortening of the warranty period does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

10. Liability

    1. The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER, outside of warranty law and regardless of the legal nature of the claim, are governed by these provisions.

    2. The SELLER's liability – regardless of the legal grounds – is excluded unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, its representatives, or its vicarious agents. To the extent that the SELLER's liability is excluded or limited, this also applies to the personal liability of employees, representatives, or vicarious agents of the SELLER. The SELLER's liability under the Product Liability Act remains unaffected (§ 14 ProdHG).

    3. For damages resulting from injury to life, body, or health that are based on an intentional, grossly negligent, or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER, the SELLER is liable in accordance with the statutory provisions.

    4. If the SELLER has at least negligently breached a material contractual obligation, i.e., an obligation whose fulfillment is essential for achieving the purpose of the contract (material contractual obligation or cardinal obligation), liability is limited to the typically foreseeable damage, i.e., to such damages that must typically be expected to arise in the context of the contract. A material contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on whose compliance the CUSTOMER regularly relies and may rely.

11. Data Storage and Data Protection

    Exclusively the data protection provisions of the privacy policy on the website https://love-union.de.

12. Notice pursuant to Art. 14 ODR Regulation

    1. CUSTOMERS who are consumers within the meaning of § 13 BGB have the option, in the event of a dispute, to conduct an online dispute resolution procedure with the involvement of a recognized dispute resolution body on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm) using the EU's online dispute resolution platform at the URL https://ec.europa.eu/consumers/odr/.

    2. The online dispute resolution procedure is not a mandatory prerequisite for bringing an action before the competent ordinary courts, but rather an alternative way to resolve differences that may arise in the context of a contractual relationship.

    3. Other national regulations for conducting dispute resolution procedures remain unaffected by the above provisions in sections 12.1 and 12.2.

13. Notice pursuant to § 36 VSBG

    1. For CUSTOMERS who are consumers within the meaning of § 13 BGB, there is generally the possibility to seek an alternative dispute resolution procedure within the meaning of § 36 VSBG.

    2. The alternative dispute resolution procedure is not a mandatory prerequisite for bringing an action before the competent ordinary courts, but rather an alternative way to resolve differences that may arise in the context of a contractual relationship.

    3. The SELLER is willing or obliged to participate in an alternative dispute resolution procedure within the meaning of § 36 VSBG. To participate in dispute resolution, please contact the Universal Arbitration Board of the Federal Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Email: mail@universalschlichtungsstelle.de, Tel.: 07851 / 795 79 40, Fax: 07851 / 795 79 41, Website: http://www.verbraucher-schlichter.de.

14. Information on Battery Disposal

    1. The following notice concerns the handling of goods by end users if these goods consist of batteries or contain batteries.

    2. Free return of used batteries:

       Batteries must not be disposed of in household waste. You are legally obliged to return used batteries so that proper disposal can be ensured. You can return used batteries to a municipal collection point or to local retailers. As a distributor of batteries, the SELLER is obliged to take back used batteries, whereby its obligation to take back is limited to used batteries of the type that it offers and sells as new batteries or has offered and sold. You can send used batteries of the aforementioned type to the SELLER sufficiently stamped by post or hand them in free of charge at the SELLER's premises.

    3. Meaning of battery symbols:

       

       Batteries are marked with the symbol of a crossed-out wheeled bin. Batteries must not be disposed of in household waste. Batteries that contain more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium, or more than 0.004 percent by mass of lead are marked with the respective chemical symbol under the bin as follows: "Cd" for cadmium, "Pb" for lead, and "Hg" for mercury.

       

15. Final Provisions

    1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

    2. For consumers who conclude the contract for purposes that are not related to their professional or commercial activity, the above choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

    3. If the CUSTOMER is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the SELLER at Unionrampe 6, 77652 Offenburg, Germany.

    4. The same applies if the CUSTOMER is an entrepreneur and has no general place of jurisdiction in Germany or if their place of residence or habitual residence is not known at the time the action is brought. The SELLER's right to also call upon the court at another statutory place of jurisdiction remains unaffected.