T&C

Terms of service


General terms and conditions with customer information

 1. scope of application

 2. conclusion of contract

 3. prices and terms of payment

 4. terms of delivery and dispatch

 5. right of withdrawal

 6. reservation of title

 7. liability for defects

 8. applicable law

 9th place of jurisdiction

 10. information on online dispute resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Luxonum GmbH” (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller for the goods offered by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is objected to, unless otherwise agreed.

1.2 A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor their independent professional activity.

1.3 Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

2. conclusion of contract

2.1 The presentation of the goods, especially in the online shop, does not constitute a binding offer by the seller.

2.2 First of all, the customer places the selected goods in the shopping basket. In the subsequent step, the ordering process begins, in which all data required for order processing is recorded.

At the end of the ordering process a summary of the order and contract data appears. 

Only after confirmation of this order and contract data by clicking on the button concluding the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping basket.

2.3 The seller accepts the customer’s offer by the following possible alternatives:

– Sending a written order confirmation or an order confirmation in text form (fax or e-mail) 

or

– Request for payment to the customer after placing the order 

or

– Delivery of the ordered goods 

The date of acceptance is determined by the first alternative that occurs. 

The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall constitute rejection of the offer. The Customer is then no longer bound by his declaration of intent.

2.4 The text of the contract concluded between the Seller and the Customer is stored by the Seller. The text of the contract is stored on the internal systems of the Seller. The Customer can view the General Terms and Conditions of Business on this page at any time. The order data, the cancellation policy and the General Terms and Conditions are sent to the Customer by email. After completion of the order, the contract text is accessible to the Customer free of charge via his customer login, provided that he has opened a customer account. 

2.5 All entries made are displayed before clicking the order button and can be viewed by the Customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, the Customer may use buttons for correction, if available, which are labelled accordingly. 

2.6 The contract language is German.

2.7 It is the Customer’s responsibility to provide a correct e-mail address for contacting and processing the order and to set the filter functions so that e-mails concerning this order can be delivered. 

3. prices and terms of payment

3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.

If additional shipping costs are incurred, this can be seen in the product description.

3.2 If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.

The Customer is advised to enquire about the details before ordering from the respective institutions or authorities.

3.3 The Customer can select the payment methods that are available in the online shop.

3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5 In case of payment by “PayPal”, the payment shall be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. 

3.6 In the case of payment by “PayPal Direct Debit”, the collection of the claim by PayPal will take place after the issuance of a SEPA Direct Debit Mandate and after the expiry of the period for the prior information on behalf of the Seller from the Customer’s bank account. A pre-information notice is the seller’s announcement to the customer that his account will be debited by SEPA direct debit and may take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective credit institution if he is responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.

4. terms of delivery and dispatch

4.1 The delivery of goods on the dispatch route is made to the delivery address indicated by the customer. Notwithstanding this, in the case of payment by PayPal, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless the incorrect information or impossibility of delivery is beyond the control of the Seller. The same shall apply in the event that the Customer was temporarily prevented from accepting the service, unless the Seller has given the Customer reasonable advance notice of the service. Excluded from this provision are the costs of sending the goods if the Customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall remain in force.

4.3 Collection by the Customer is not offered.

5. right of revocation

5.1 If the customer is a consumer, he is basically entitled to a right of withdrawal. 

5.2 The right of revocation is governed by the seller’s revocation instructions.

5.3 Consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract shall not be entitled to a right of revocation.

6. reservation of title

If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.

7. liability for defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about this. Failure to do so shall not affect the Customer’s statutory or contractual claims for defects.

8. applicable law

8.1 The law of the Federal Republic of Germany shall apply, excluding the laws on the international purchase of movable goods. 

The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.

8.2 This choice of law made here shall not apply with regard to the statutory right of revocation for consumers if they do not belong to a member state of the European Union at the time of conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of conclusion of the contract. 

9th place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s registered office. 

If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the Customer’s professional or commercial activity. 

Nevertheless, in the above-mentioned cases, the seller is also entitled to appeal to the court at the customer’s place of business.

10. information on online dispute resolution

The EU Commission’s online dispute resolution platform is available on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.