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§ 1 Basic provisions
(I) The following terms and conditions apply to all contracts between
Luxaa® | Tywear - Textile Solutions UG
06198 Salzatal OT Lieskau
- hereinafter referred to as provider -
and the customer
- hereinafter referred to as customer -
Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted. A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for a purpose that can not be attributed to their commercial or self-employed occupational activity.
(II) Contract language is German. The contract will be stored by the provider. The storage is only temporary, therefore, the customer has to provide itself for a printout or a separate storage.
§ 2 Subject of the contract
Subject of the contract is the sale of goods. The details, in particular the essential features of the goods can be found in the item description and the
additional information on the website of the provider.
§ 3 Conclusion of the contract
(I) The goods displayed in the online shop are not a binding offer of the seller to conclude a purchase contract. Rather, they merely contain the invitation to the customer to submit a contract offer to the seller.
(II) The goods intended for sale are stored in the "shopping cart". Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After invoking the order form, the personal data and the payment and shipping conditions are entered. Before submitting the order, the customer has the opportunity to review all information again, to change (including the function "back" of the Internet browser) or cancel the purchase. By submitting the order via the final order button, the purchase contract becomes binding.
§ 4 prices, shipping costs
The prices quoted in the respective offers represent final prices. They include all price components including all applicable taxes. If delivery is made to non-EU countries, additional duties, taxes or fees may be payable by the customer, but not to the provider, but to the relevant customs or tax authorities. The customer is advised to check the details before ordering with the customs or tax authorities.
The resulting shipping costs are not included in the purchase price, they are based on the specific offer and the information under -> shipping costs .
§ 5 Payment and shipping conditions
(I) The customer can use the payment options specified in the specific offer. The purchase price plus delivery and possibly shipping costs must be paid no later than 7 days after receipt of the request for payment.
(II) The delivery of the goods takes place exclusively in the countries which are expressly stated in the individual articles or shipping conditions. Unless otherwise stated in the item description, the shipment of the goods takes place within 3-5 working days after the conclusion of the contract. The deadline for delivery begins with payment in advance or PayPal the day after the payment order is sent to the referring bank or other payment methods the day after conclusion of the contract and ends with the end of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day shall be replaced by such day.
(III) As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to report complaints to the provider and the carrier as soon 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 goods sold during the shipment only with the transfer of the goods to the customer, regardless of whether the shipment is insured or uninsured.
If the customer is not a consumer, the delivery and dispatch takes place at his own risk.
The goods remain the property of the provider until full payment of the purchase price.
(IV) It is agreed that in the case of exercising the consumer right of withdrawal in distance contracts, the customer the regular costs of return in accordance with. § 357 Abs. 2 BGB has to bear, if the delivered goods correspond to the ordered or if the customer with a higher price of the thing at the time of the revocation did not yet provide the consideration or a contractually agreed partial payment. The costs of shipping the goods to the customer, which may have been paid when ordering, will be reimbursed together with the value of the goods. If Tywear UG has paid the costs of shipping the goods to the customer, no reimbursement will be refunded. The choice of the logistics service provider is up to the consumer.
§ 6 Warranty
(I) The statutory provisions apply.
The one-year warranty period does not apply to culpably attributable damages caused by injury to life, body or health and grossly negligent or intentionally caused damage or malice of the provider, as well as recourse claims in accordance with §§ 478, 479 BGB.
(II) Insofar as the customer is an entrepreneur, contrary to para.
a) As a condition of the goods only the own data of the offerer and the product description of the manufacturer apply as agreed, not however other advertisement, public promises and expressions of the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due diligence on quality and quantity deviations and obvious defects within 7 days from receipt of the goods to the seller in writing, the deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
c) In the case of defects, the supplier shall, at his discretion, warrant repair or replacement. If the defect elimination fails twice, the customer can request at his discretion reduction or withdraw from the contract. In the case of the remedy the offerer does not have to bear the increased costs, which result from the movement of the commodity to a place other than the place of performance, if the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from the delivery of the goods. The shortened warranty period shall not apply to culpably attributable damages attributable to injury to life, limb or health and grossly negligent or intentionally caused damage or malice of the provider, as well as recourse claims in accordance with §§ 478, 479 BGB.
§ 7 Liability
(I) The provider is fully liable for damages resulting from injury to life, limb or health, as far as he fraudulently conceals a defect or has accepted a guarantee for the quality of the object of purchase, in all cases of intent and gross negligence, in case of damage the product liability law or as otherwise required by law.
(II) If material obligations under the contract are affected whose breach jeopardizes the achievement of the purpose of the contract, the liability of the provider in case of slight negligence shall be limited to the contractually typical, foreseeable damage.
(III) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(IV) Data communication over the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. The provider is not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 8 Payment and shipping
This is done after receipt of money, except cash on delivery & purchase on account, as far as offered.
The shipping within Germany is free for you.
The shipping fee to Austria is 11,99 €, in the rest of the EU-foreign countries 13,99 €.
The dispatch of our products within Germany is 3-5 working days, except Saturdays, Sundays and public holidays. Please note the individual information on the respective product page. The pure delivery time by the logistics company normally takes 2-3 working days. Please note that there may be differences due to different holidays.
Since some of our products are made exclusively by hand, delivery may be delayed in exceptional cases. We ask for your understanding.
Shipping to other EU countries takes 5-15 days. Please note that for deliveries outside the EU higher shipping costs, and additional fees such as customs duties, which we do not accept, incurred. Please inquire with the relevant authorities.
For an unscheduled extension of delivery times by the respective shipping company, we assume no liability.
The delivery of the goods takes place after receipt of money.
§ 9 Place of performance, jurisdiction
German law applies, excluding UN sales law. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
The place of performance for all services resulting from the business relationships existing with the customer as well as the place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer but a merchant, legal entity under public law or special fund under public law.
The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.
§ 10 Other duties
The buyer is not allowed to modify the goods, as far as this is not a final customer. This can be deviated from by agreement with the seller.
§ 11 returns processing
If the buyer is given the opportunity to return the goods or part of the goods, he must return the goods to Luxaa® / Tywear - Textile Solutions UG at his own expense. If the customer is a consumer, he is entitled to a statutory right of withdrawal. You can see the content of this right under the link -> revocation & return .
§ 12 Final Provisions
(I) The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention have no applications.
(II) In the event that the buyer is an entrepreneur within the meaning of § 14 BGB, a businessman within the meaning of the German Commercial Code, a commercial agent, a legal entity, a legal entity under public law or special fund under public law, Halle (Saale) shall be the exclusive place of jurisdiction agreed. However, the seller is entitled to bring an action at the general place of jurisdiction of the buyer.
§ 13 Severability clause
Shipments, complaints and repairs are only to be sent to:
Luxaa® | Tywear - Textile Solutions UG
The European online dispute resolution platform ("OS platform") will be accessible after being made available by the European Commission via the "Your Europe" portal ( http://ec.europa.eu/consumers/odr/ ).