Terms of service

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Terms of delivery and shipping
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Applicable law
  10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Paul Werner, trading as "Leuchtvolley", Rathausplatz 15, 56179 Vallendar, Germany (hereinafter "seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the goods presented by the seller in their online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller may accept the customer's offer within five days

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by requesting the customer to pay after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer 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 be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered via the payment service "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent their order. The seller does not make the text of the contract accessible beyond this.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the zoom function of the browser, which enlarges the display on the screen. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact usually take place by email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

2.9 The seller may, at their own discretion, agree to a cancellation requested by the customer before the goods are shipped. There is only a right to cancellation as long as the order has not yet been processed for shipping. The statutory right of withdrawal of consumers remains unaffected by this.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include the statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred with regard to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which the seller makes an advance payment to the customer (e.g. purchase on account or payment in instalments), the seller assigns their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payment to PayPal or to the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be referred separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Terms of delivery and shipping

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the outbound shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provision made in the seller's cancellation policy applies to the return shipping costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment if the customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. If the goods are not available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Collection by the customer is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance payment, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, rights due to defects are excluded;
  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

  • to claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • to goods which have been used for a building in accordance with their normal use and have caused its defectiveness,
  • to any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of recourse remain unaffected for entrepreneurs.

7.4 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.5 If the customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical foreseeable damage for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer can regularly rely.

8.3 Otherwise, any liability of the seller is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for their vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.