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General Terms and Conditions & Customer Information
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us, the luxdag GmbH, via the website www.ohee-manufaktur.de. Unless otherwise agreed, any terms and conditions you use are hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By posting the respective product on our website, we make you a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" or "Proceed to Checkout" button (or similar), and entering personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will be directed to our online shop's order overview page or redirected to the instant payment system provider's website. If redirected to the instant payment system provider, you can make the appropriate selection or enter your data there. Finally, the order data will be displayed to you on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the order overview, make changes (also using the "back" function of the web browser), or cancel the order.
By submitting the order using the appropriate button ("place order," "buy" / "buy now," "place order," "pay" / "pay now" or similar), you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually Designed Goods
(1) You provide us with the necessary suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after concluding the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted in this regard by third parties. This also applies to the costs of legal representation required in this context.
(3) We do not review the transmitted data for correctness of content and therefore assume no liability for errors.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our website as well as during the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply for this, you will be separately informed about them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply additionally:
a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are also authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled upon your request to the extent that the realizable 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.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the freight forwarder promptly of any complaints. Failure to do so will have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it before submitting the declaration of acceptance by us, and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are considered to be agreed as the quality of the goods, not other advertising, public praise, and statements made by the manufacturer.
b) In the event of defects, we will, at our discretion, provide warranty by rectification or replacement. If rectification fails, you may, at your option, demand a reduction in price or withdraw from the contract. Rectification is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we are not obliged to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply to:
- damages attributable to us that have been culpably caused to life, body, or health and for damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that have been used in accordance with their customary use for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defects.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
luxdag GmbH
Contrescarpe 8c
28203 Bremen
Germany
Phone: 0049 421 24 361 400
Email: hello@ohee-manufaktur.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receiving the order from us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or electronically save.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne additionally by you, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank charges or exchange rate fees) that you are required to pay.
5.4. You are responsible for any costs of money transfer (bank charges or exchange rate fees) incurred in cases where delivery is made to an EU member state, but payment is initiated outside the European Union.
5.5. The available payment methods are displayed under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment will only pass to you upon transfer of the item, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Legal Right of Defects Liability
The liability for defects is governed by the provisions in our General Terms and Conditions (Part I), under the section "Warranty."
8. Termination
8.1. Information on the termination of the contract and the termination conditions can be found in the provisions on "Repair Services" in our General Terms and Conditions (Part I), as well as in the respective offer.
Last updated: 28.09.2023
