§ 1 Basic Provisions
(I) The following terms and conditions apply to all contracts between
Luxaa® | Tywear - Textile Solutions UG
06120 Halle Saale
- Hereinafter referred to providers -
and the customer
- Hereinafter referred customer -
Unless otherwise agreed, the inclusion of its own conditions of the customer is excluded. Consumers in terms of the following regulations is any natural person who enters into a transaction for a purpose that can be attributed to their commercial or independent professional activity.
(II) The contract language is German. The contract will be stored by the provider. The storage is only temporary, the customer has therefore to provide for an expression or a separate storage.
§ 2 contract
Subject of the contract is the sale of goods. The details, particularly the essential characteristics of the goods can be found in the item description and
Supplementary information on the website.
§ 3 Conclusion of contract
(I) If an article from the manufacturer set, is the release of the offer page the binding offer to conclude a purchase contract on the terms contained in the articles.
(II) The purchasing intended goods are stored in the "basket". Can call the "shopping cart" and at any time make changes at the customer via the appropriate button in the navigation bar. After entering the order the entry of personal data and the Payment and delivery takes place. Before sending the order the customer has the option to check all information again to change, cancel (also using the "back" of the Internet browser) or buying. By sending the order to the appropriate button of the purchase contract is binding to pass.
§ 4 Prices, Shipping Costs
References in the respective offer prices represent final prices. They include all price components, including all applicable taxes. If the delivery takes place in the non-EU countries, other duties, taxes or fees may be paid by the customer, not the seller, but the customs and tax authorities there. The customer is advised to check the details before ordering at the customs and tax authorities.
The shipping costs are not included in the purchase price, they depend on each specific offer and among the under -> Shipping information provided.
§ 5 Payment and shipping terms
(I) The customer is referred to the specific offer payment options available. The purchase price excl. Delivery fee must be paid within 7 days after receipt of the call.
(II) The delivery of the goods takes place exclusively in the countries, which are expressly referred to in the articles or shipping conditions. As far as in the item description of any other delivery time is specified, the goods are shipped within 5-10 business days after the contract, with payment only after receipt of the full purchase price and possibly shipping.
(III) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the Freight Forwarder complaints as quickly as possible. The warranty claims of the customer remain unaffected.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold during the shipment until the delivery of the goods to the customer is transferred, regardless of whether the shipment is insured or uninsured occurs.
If the customer is not a consumer, supply and shipment is done at his own risk.
The goods remain until full payment of the purchase price from the vendor.
(IV) It is agreed that in the event of exercise of the existing consumer cancellation right according the regular cost of the return in distance contracts the customer. Has to wear § 357 para. 2 BGB, if the delivered goods ordered corresponds and if the price returned does not exceed an amount of 100 Euros or if the customer at a higher price the thing at the time of the revocation yet the consideration or has not given a part payment.
§ 6 Warranty
(I) The statutory regulations.
The one-year warranty period shall not apply to the provider attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith of the provider, as well as recourse pursuant to §§ 478, 479 BGB.
(II) If the customer is entrepreneur, notwithstanding Abs.I applies:
a) are defined as properties of the goods only their own information by the provider and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due attention to the quality and quantity and obvious defects within 7 days from receipt of the goods the seller in writing, the deadline, the timely dispatch is sufficient. This also applies to later found hidden defects from Entdeckung.Bei violation of investigation and reprimand the assertion of warranty claims excluded.
c) In case of defects of the provider shall at its option by repair or Ersatzlieferung.Schlägt the repair fails twice, the customer can demand a reduction or the provider does not have to bear the increased costs from the contract zurücktreten.Im case of repair, at its option, by the shipment of goods arise as the place of performance to another place, provided that the shipment does not comply with the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to the seller attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith of the provider, as well as recourse pursuant to §§ 478, 479 BGB.
§ 7 Liability
(I) The seller is fully liable for damages resulting from injury to life, limb or health, as far as he fraudulently conceals a defect or has assumed a guarantee for the quality of the purchased item, after all cases of intent or gross negligence, damage the product liability law or if otherwise mandatory by law.
(II) If essential duties are affected under the contract, which endangers the purpose of the contract, the liability of the provider in case of slight negligence to the typical, foreseeable damage.
(III), liability is excluded for slight negligence case of breach of minor contractual obligations.
(IV) The data communication via the Internet can not be guaranteed error free and / or available at any time after the current state of technology. The provider is liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there.
§ 8 Shipping
The done after payment, except cash & Purchase Orders, if offered.
Delivery within Germany is free of charge.
The shipping charges in the EU countries amounted to € 18.90.
The fee for cash on delivery amount to € 9.89 excl. 2, € DHL delivery Send money.
The cost rules and conditions for cash on delivery, visit the DHL website.
We ship only insured packages via DHL Germany.
The delivery time (excluding Saturdays, Sundays and holidays) of our products within Germany is usually about 5-10 days. Shipping to other EU countries will take about 5-15 days.
Please note that for deliveries outside the EU higher shipping costs, and other additional charges such as customs duties. -> Shipping
As some of our products are exclusively made by hand, the supply in exceptional cases may be delayed somewhat. We ask for your understanding.
For an unplanned extension of the delivery time by DHL, we assume no liability.
§ 9 Place of Performance, Jurisdiction
German law applies, excluding the CISG. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability).
Performance for all aspects of the business and existing jurisdiction with the customer is the location of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public special assets.
The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority also to appeal to the court in another jurisdiction remains unaffected.
§ 10 Other Obligations
The buyer is, as far as this is not an end user, are not permitted to change the goods. This may be dispensed through an agreement with the seller.
§ 11 Returns Management
Unless the buyer has the goods given the opportunity to return the product or part, he has the goods at his own expense to Luxaa® / Tywear - returned Textile Solutions UG.
§ 12 Final Provisions
(I) The law of the Federal Republic of Germany. The provisions of the UN Sales Convention shall not applications.
(II) In the event that the purchaser is an entrepreneur as defined in § 14 BGB, a merchant iS the HGB, a commercial representative, a legal person, a legal entity under public law or public special fund, is Halle (Saale) as the exclusive jurisdiction agreed. However, the seller is entitled to sue at the general jurisdiction of the purchaser.
§ 13 Severability
(I) If any provision of the contract with the buyer, including these terms and conditions be wholly or partially invalid, so the validity of the remaining provisions shall not be affected. Full or partially invalid provisions are to be replaced by a regulation whose economic success of the invalid as near as possible.
(II) goods, complaints and repairs are only to be sent to:
The European online dispute resolution platform ( "ODR platform") is to provide the European Commission via the portal "Your Europe" ( http://europa.eu/youreurope/citizens/index_de.htm be) available.