Terms of service
1) Scope of application
1.1 These General Terms and Conditions (hereinafter βGTCβ) of the business of LUUMA (hereinafter βSellerβ) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter βCustomerβ) concludes with the Seller with regard to the goods displayed by the Seller in his online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed primarily neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their commercial or independent professional activity.
1.3 Depending on the product description of the seller, the subject of the contract can be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter βsubscription contractβ). In the case of a subscription contract, the seller is obliged to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.
Incorrect address provided by the buyer:
If the seller provides an incorrect address for an order, we are not obliged to refund the invoice amount until the shipment has been returned to us independently. However, we offer redirection to the correct address; please contact us by email for this.
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 basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods in the shopping basket by clicking the button that concludes the ordering process.
2.3 The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above 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 result that the customer is no longer bound by his declaration of intent.
2.4 If you select the βPayPal Expressβ payment method, payment will be processed by the payment service provider PayPal (Europe) S.Γ r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: βPayPalβ), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or β if the customer does not have a PayPal account β subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects βPayPal Expressβ as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the ordering process.
2.5 If the payment method βAmazon Paymentsβ is selected, payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: βAmazonβ), subject to the Amazon Payments Europe User Agreement, which available at https://payments.amazon.de/help/201751590. If the customer selects βAmazon Paymentsβ as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
2.6 When an offer is made using the seller's online order form, the text of the contract is stored by the seller and sent to the customer in writing (e.g. by email, fax or letter) together with these terms and conditions after the order has been sent. However, the contract text can no longer be accessed by the customer via the seller's website after the customer has sent his order.
2.7 Before placing a binding 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 detecting input errors can be the browser's enlargement function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button completing the ordering process.
2.8 Only German is available for the conclusion of the contract.
2.9 Order processing and contact generally take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated 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 money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 options available to the customer will be indicated in the seller's online shop.
4.4 If payment is made using a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.Γ r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as βPayPalβ), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the βIMMEDIATELYβ payment method is selected, the payment will be processed by the payment service provider SOFORT GmbH, TheresienhΓΆhe 12, 80339 Munich (hereinafter βIMMEDIATELYβ). In order to pay the invoice amount via βSOFORTβ, the customer must have an online banking account with a PIN/TAN procedure that is activated for participation in βSOFORTβ, must identify themselves accordingly during the payment process and confirm the payment instruction to βSOFORTβ. The payment transaction is carried out immediately by βSOFORTβ and the customer's bank account is debited. Further information on the βSOFORTβ payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.6 If the customer selects the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in collaboration with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is debited immediately after the customer's order is sent in the online shop. Even if the customer selects the payment method of credit card payment via secupay AG, the provider remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and sending or credit notes.
5) Delivery and shipping terms
5.1 Goods are delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided in the seller's order processing is decisive for the transaction. By way of derogation from this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs of the delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the regulation set out in the seller's cancellation policy applies to the costs of returning the goods.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 What happens in the event of refusal to accept delivery? If the customer refuses to accept a package after it has already been sent, we reserve the right to withhold 30% of the purchase price to cover logistics costs. 70% will be refunded directly to the customer.
6) Contract duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at the end of each month.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Notice of termination must be given in writing or in text form (e.g. by email).
7) Retention of title
If the seller provides advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 By way of derogation from this, the following applies to used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
- to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, and
in the event that the seller has fraudulently concealed the defect.
8.3 The customer is requested to complain to the deliverer about goods that have been delivered with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued by the seller free of charge as part of a promotional campaign and that have a specific validity period and that cannot be purchased by the customer (hereinafter βpromotional vouchersβ) can only be redeemed in the seller's online shop and only during the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.
9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.8 The credit balance of a promotional voucher will neither be paid out in cash nor will interest be paid on it.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.
9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.#
12)
Refund Policy
Please note that once an order has been placed, it cannot be edited or cancelled before delivery.
All orders are processed immediately to ensure timely delivery.
What does the customer have to do to get a refund?
To return your item, please email us at info@shopluuma.com to let us know that you have changed your mind. You will then receive all the additional information about the return by email. After that, the items must be returned to our international returns centre at your own expense.
Who bears the costs?
The costs of the return are to be paid by the buyer.
When can the customer expect a refund?
A refund will be made within 14 days of the return arriving in the form of a repayment to the originally chosen payment method.
Consequences of cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs that result from choosing a different delivery method than the cheapest standard delivery we offer have), immediately and at the latest within fourteen days in the form of a repayment, on the day we receive notification of your cancellation of this contract. We can refuse the repayment until we have received the returned goods. The deadline is met if you send the goods before the expiry of the fourteen-day deadline. You bear the immediate costs of returning the goods. You only have to pay for any diminished value of the goods if this loss in value is due to unnecessary handling on your part to ascertain the nature, characteristics and functioning of the goods.
We only accept returns in perfect and unused condition.