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The European Online Dispute Settlement Platform ("OS Platform") will be accessible via the portal "Ihr Europa" (http://europa.eu/youreurope/citizens/index_en.htm) once it has been made available by the EU Commission.
Liebe Deinen Planeten
Ina Kutschera
Amtsstr 12, 76593 Gernsbach, Germany
E-mail: hello@ldp-homemade.de
Phone: +49 176 35708085
Value added tax identification number according to §27 a Umsatzsteuergesetz: DE315664642
GENERAL TERMS AND CONDITIONS
Terms of contract in the context of purchase contracts concluded via the online shop www.ldp-homemade.de between
Liebe Deinen Planeten
Ina Kutschera
Amtsstr 12, 76593 Gernsbach, Germany
E-mail: hello@ldp-homemade.de
Phone: +49 176 35708085
Value added tax identification number according to §27 a Umsatzsteuergesetz: DE315664642
- hereafter
"Provider" -
and
the customer designated in § 2 of the contract - hereinafter referred to as the "Customer" - the Customer
can be closed.
§ 1 Scope of application, definitions
(1) For the business relationship between the webshop provider (hereinafter referred to as the "Provider") and the
(hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively.
Terms and conditions in the version valid at the time of the order. Deviating
Conditions of the customer are not recognized, unless the supplier agrees to their validity.
expressly in writing.
(2) The customer is a consumer, insofar as the purpose of the ordered deliveries and services is not
can mainly be attributed to his commercial or self-employed professional activity.
On the other hand, any natural or legal person or legal entity is an entrepreneur.
partnership, which, when concluding the contract, is acting in the exercise of its commercial or
self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the supplier's product range, in particular ... (More details
name of the products, here as an example: DVDs and film posters) and to select them via the
button "add to shopping cart" in a so-called shopping cart. Via the button
"order with payment" he gives a binding request to purchase the goods in the shopping cart.
of the goods in question. Before sending the order the customer can change the data at any time.
and see. However, the application can only be submitted and transmitted if the customer has been informed by
Click on the button "Accept AGB" to accept these terms and conditions and thereby to
has incorporated his motion.
(2) The provider then sends the customer an automatic acknowledgement of receipt by e-mail.
in which the customer's order is listed once again and which the customer can confirm via the
Print" function. The automatic acknowledgement of receipt only documents,
that the customer's order has been received by the provider and does not accept the application
...and the The contract is only concluded when the provider submits the declaration of acceptance,
which is sent with a separate e-mail (order confirmation). In this e-mail or in a
separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of
order, general terms and conditions and order confirmation) to the customer from us on a durable data carrier.
(e-mail or paper printout) (confirmation of contract). The text of the contract will be sent to you
of data protection.
(3) The contract is concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the date of our order confirmation,
prior payment of the purchase price (except for purchase on account). If for the
the respective goods in our online shop no or no deviating delivery time is indicated,
it is [2-3] days.
(2) If, at the time of the customer's order, there are no copies of the
product is available, the supplier shall inform the customer of this immediately in the order confirmation.
with. If the product is permanently unavailable, the supplier refrains from an acceptance declaration. A
In this case, the contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the customer shall be entitled to
the supplier also immediately informs the customer of this in the order confirmation. In the case of
delivery delay of more than two weeks, the customer shall have the right to withdraw from the contract and
to resign. In addition, in this case the provider is also entitled to withdraw from the contract.
In this case he will immediately reimburse any payments already made by the customer.
(4) The following delivery restrictions exist: The supplier shall only deliver to customers who have
(billing address) in one of the following countries and in the following countries.
the same country can indicate a delivery address: Germany and EU
§ 4 Retention of title
Until complete payment the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices quoted on the provider's website are understood as follows: Prices quoted do not include VAT in accordance with § 19 UStG Small business regulation
(2) The corresponding shipping costs are indicated to the customer in the order form and are
from the customer, as far as the customer does not make use of his right of revocation. From
The supplier delivers the goods order value of 100.00 EUR to the customer free of shipping costs.
(3) The dispatch of the commodity takes place by post office dispatch. The dispatch risk carries the offerer, if the
customer is a consumer.
(4) The customer has to bear the direct costs of the return in the case of a revocation.
§ 6 Payment modalities
(1) The customer can make the payment by SEPA transfer, DaWanda voucher or Pay Pal.
(2) The customer can change the payment method stored in his user account at any time after consultation.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is
the customer is already in default due to failure to meet the deadline.
In this case, the customer shall pay the provider default interest of 5 percentage points above the
base interest rate.
(4) The customer's obligation to pay interest on arrears shall include the assertion of claims for damages.
further damages caused by delay by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions,
in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). In the case of entrepreneurs, the warranty period shall be from
Supplier delivered items 12 months.
(2) An additional guarantee exists with the goods supplied by the supplier only if these are
was expressly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are
Compensation claims of the customer arising from injury to life, limb or health
or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for
other damages resulting from an intentional or grossly negligent breach of duty by the provider,
of its legal representatives or vicarious agents. Essential contractual obligations are
those whose performance is necessary to achieve the objective of the Treaty.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the
foreseeable damage typical for the contract, if this was caused by simple negligence, unless the damage was
because, it concerns claims for damages of the customer from an injury of the life,
of the body or health.
(3) The restrictions of paras. 1 and 2 shall also apply in favour of the legal representatives and
vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§9 See Re-Runfsbelerung*.
§ 10 Notes on data processing
(1) The provider collects data of the customer within the framework of the handling of contracts. He observes
in particular the provisions of the Federal Data Protection Act and the Telemedia Act.
Without the consent of the customer, the provider will only use inventory and usage data of the customer
processing or use, insofar as this is necessary for the execution of the contractual relationship and for the
the use and billing of telemedia is necessary.
(2) Without the consent of the customer, the provider data of the customer will not be used for purposes of the
advertising, market or opinion research.
(3) The customer has the possibility at any time to save the data stored by him under the button "My data".
data" in his profile, to change or delete it. In addition, with regard to
Consents of the customer and further information on data collection, processing and use
to the data protection explanation, which can be found on the website of the provider at any time via the button
"Privacy" is available in printable form.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer.
Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a legal entity under public law, the
or a special fund under public law, the place of jurisdiction for all disputes shall be the place of jurisdiction.
from contractual relations between the customer and the offerer the seat of the offerer.
(3) The contract remains also with legal ineffectiveness of individual points in its remaining parts.
binding. The ineffective points shall be replaced, if any, by the statutory provisions.
Insofar as this would represent an unreasonable hardship for a contracting party, the contract shall however
ineffective in its entirety.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the date of our order confirmation,
prior payment of the purchase price (except for purchase on account). If for the
the respective goods in our online shop no or no deviating delivery time is indicated,
it is [2-3] days.
(2) If, at the time of the customer's order, there are no copies of the
product is available, the supplier shall inform the customer of this immediately in the order confirmation.
with. If the product is permanently unavailable, the supplier refrains from an acceptance declaration. A
In this case, the contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the customer shall be entitled to
the supplier also immediately informs the customer of this in the order confirmation. In the case of
delivery delay of more than two weeks, the customer shall have the right to withdraw from the contract and
to resign. In addition, in this case the provider is also entitled to withdraw from the contract.
In this case he will immediately reimburse any payments already made by the customer.
(4) The following delivery restrictions exist: The supplier shall only deliver to customers who have
(billing address) in one of the following countries and in the following countries.
the same country can indicate a delivery address: Germany and EU
§ 4 Retention of title
Until complete payment the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices quoted on the provider's website are understood as follows: Prices quoted do not include VAT in accordance with § 19 UStG Small business regulation
(2) The corresponding shipping costs are indicated to the customer in the order form and are
from the customer, as far as the customer does not make use of his right of revocation. From
The supplier delivers the goods order value of 100.00 EUR to the customer free of shipping costs.
(3) The dispatch of the commodity takes place by post office dispatch. The dispatch risk carries the offerer, if the
customer is a consumer.
(4) The customer has to bear the direct costs of the return in the case of a revocation.
§ 6 Payment modalities
(1) The customer can make the payment by SEPA transfer, DaWanda voucher or Pay Pal.
(2) The customer can change the payment method stored in his user account at any time after consultation.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is
the customer is already in default due to failure to meet the deadline.
In this case, the customer shall pay the provider default interest of 5 percentage points above the
base interest rate.
(4) The customer's obligation to pay interest on arrears shall include the assertion of claims for damages.
further damages caused by delay by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions,
in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). In the case of entrepreneurs, the warranty period shall be from
Supplier delivered items 12 months.
(2) An additional guarantee exists with the goods supplied by the supplier only if these are
was expressly stated in the order confirmation for the respective article.
Cancellation policy for consumers
revocation instruction
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform Ina Kutschera, Weinbergstr. 57, 76530 Baden-Baden, Tel +49 176 8060 95 44 by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Cancellation form
(If you want to cancel the contract, please fill in this form and send it back)
to LDP Homemade, Amtsstr 12, 76593 Gernsbach, Germany, e-mail: shop@ldp-homemade.de
- I/we (⁕) hereby revoke the contract concluded by me/us (⁕) for the purchase of the following goods (⁕) / the provision of the following services (⁕)
- Ordered on (⁕) / received on (⁕)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
- date
(⁕) Delete as appropriate.
Returns
The modalities mentioned in this section "Returns" are not a prerequisite for the effective exercise of the right of withdrawal according to the section "Information on the right of withdrawal for consumers".
Customers are asked before return to report the return to the seller: shop@ldp-homemade.de to announce the return. In this way they enable the seller to assign the products as quickly as possible.
Customers are asked to return the goods to the seller as a franked parcel and to keep the proof of posting. The seller will reimburse the customer for postage costs in advance if requested to do so, unless these are to be borne by the buyer himself.
Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the buyer, another suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage as a result of defective packaging.
Thank you very much for your help in handling your return without any problems!
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the date of our order confirmation,
prior payment of the purchase price (except for purchase on account). If for the
the respective goods in our online shop no or no deviating delivery time is indicated,
it is [2-3] days.
(2) If, at the time of the customer's order, there are no copies of the
product is available, the supplier shall inform the customer of this immediately in the order confirmation.
with. If the product is permanently unavailable, the supplier refrains from an acceptance declaration. A
In this case, the contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the customer shall be entitled to
the supplier also immediately informs the customer of this in the order confirmation. In the case of
delivery delay of more than two weeks, the customer shall have the right to withdraw from the contract and
to resign. In addition, in this case the provider is also entitled to withdraw from the contract.
In this case he will immediately reimburse any payments already made by the customer.
(4) The following delivery restrictions exist: The supplier shall only deliver to customers who have
(billing address) in one of the following countries and in the following countries.
the same country can indicate a delivery address: Germany and EU
§ 4 Retention of title
Until complete payment the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices quoted on the provider's website are understood as follows: Prices quoted do not include VAT in accordance with § 19 UStG Small business regulation
(2) The corresponding shipping costs are indicated to the customer in the order form and are
from the customer, as far as the customer does not make use of his right of revocation. From
The supplier delivers the goods order value of 100.00 EUR to the customer free of shipping costs.
(3) The dispatch of the commodity takes place by post office dispatch. The dispatch risk carries the offerer, if the
customer is a consumer.
(4) The customer has to bear the direct costs of the return in the case of a revocation.
§ 6 Payment modalities
(1) The customer can make the payment by SEPA transfer, DaWanda voucher or Pay Pal.
(2) The customer can change the payment method stored in his user account at any time after consultation.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is
the customer is already in default due to failure to meet the deadline.
In this case, the customer shall pay the provider default interest of 5 percentage points above the
base interest rate.
(4) The customer's obligation to pay interest on arrears shall include the assertion of claims for damages.
further damages caused by delay by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions,
in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). In the case of entrepreneurs, the warranty period shall be from
Supplier delivered items 12 months.
(2) An additional guarantee exists with the goods supplied by the supplier only if these are
was expressly stated in the order confirmation for the respective article.