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Terms and Conditions (GTC)
§ 1 Scope & Defense clause
(1) The following general terms and conditions in the respective version at the time of ordering apply exclusively to the legal relationships between the shop operator (hereinafter referred to as "Provider") and its customers based on this internet shop.
(2) Deviating general terms and conditions of the customer are rejected.
§ 2 Conclusion of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is hereby merely requested to submit an offer by placing an order.
(2) By submitting the order in the Internet shop, the customer makes a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as binding for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It serves merely to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
§ 3 Retention of title
The delivered goods remain the property of the provider until full payment.
§ 4 Due date
The payment of the purchase price is due upon conclusion of the contract.
§ 5 Recall
(1) Right of withdrawal
You can cancel your contract within 14 days without giving reasons in writing (letter or e-mail) or - if the case before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery) and not before fulfilment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. The revocation must be sent to:
Jürgen Henning
Róth Johanna utca 7
H-3044 Szirák
Hungary
Phone: + 36 70 565 2720
Mail: info@luzzante.com
(2) Withdrawals
In the case of an effective revocation, the mutually received benefits shall be returned and any benefits (such as interest) incurred. If you can not give us back the received performance in whole or in part or only in a deteriorated condition, you have to pay us compensation for the value. For the deterioration of the thing and for the benefits drawn, you only have to pay compensation if the use or the deterioration is due to a handling of the item, which goes beyond the examination of the characteristics and the functioning. The term "testing the properties and the mode of operation" means testing and trying out the respective goods, as is possible and customary in a shop, for example. The items are to be returned at our risk. You have to bear the costs of the return, if the delivered goods correspond to those ordered. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.
(3) Right of withdrawal for custom-made products
The right of withdrawal does not exist for distance contracts for the supply of goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable due to their nature for a return.
End of revocation
§ 6 Cost Agreement
If you make use of your right of withdrawal, you have to bear the regular costs of the return.
§ 7 Disclaimer
(1) Claims for damages of the customer are excluded, unless otherwise stated below. The above disclaimer of liability also applies in favor of the legal representatives and vicarious agents of the provider, if the customer claims against them.
(2) Excluded from the exclusion of liability specified in Section 1 are claims for damages due to injury to life, limb, health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier has to give the customer the thing free of material and legal defects and to give the property to her. Also excluded from the disclaimer is the liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 8 Warranty
(1) The warranty rights of the customer shall be governed by the general statutory provisions, unless otherwise stated below. For damage claims of the customer against the provider, the regulation in § 6 of these terms and conditions applies.
(2) The limitation period for warranty claims of the customer amounts to 2 years for newly manufactured items and 1 year for used items. Compared with entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages of the customer due to a violation of life, body, health as well as for claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier has to give the customer the thing free of material and legal defects and to give the property to her. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. With respect to entrepreneurs also excluded from the shortening of the limitation period is the right of recourse under § 478 BGB.
(3) A guarantee is not declared by the provider.
§ 9 Prohibition of assignment and pledging
The assignment or pledging of claims or rights of the customer against the provider is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledge.
§ 10 Offsetting
A right of set-off of the customer exists only if his set-off has been legally established or undisputed.
§ 11 Choice of Law & Jurisdiction
(1) The contractual relationship between the provider and the customer is governed by German law. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded.
(2) Jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the domicile of the provider, if the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 12 Severability clause
Should any provision of these Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.
