General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of campaign vouchers
- Redeeming gift vouchers
- Applicable Law
- Code of Conduct
- Alternative dispute resolution
1.1These general terms and conditions (hereinafter "GTC") of Lotuscrafts KG (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his online -Shop completes the goods shown. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither 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 who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2) Conclusion of the contract
2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3The 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 customer's receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 is considered a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, available at https: // payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” 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 already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7Before the binding submission of the 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 for better recognition of input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8Only the German language is available for the conclusion of the contract.
2.9The order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the 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 third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1Consumers generally have a right of withdrawal.
3.2Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, the costs of transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise 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.
4.3The payment option (s) will be communicated to the customer in the seller's online shop.
4.4If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
4.6If you select the "SOFORT" payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN / TAN that has been activated for participation in "SOFORT". to confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears 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 announced the service to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3Pickup is not possible for logistical reasons.
5.4Vouchers are given to the customer as follows:
- by download
- by email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.3Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
8.4Several campaign vouchers can be redeemed for one order.
8.5The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
8.6If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7The credit of a campaign voucher is neither paid out in cash nor is interest paid.
8.8The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.9The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redeeming gift vouchers
9.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
9.4Several gift vouchers can be redeemed for one order.
9.5Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7The balance of a gift voucher is neither paid out in cash nor is interest paid.
9.8The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Code of Conduct
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
12) Alternative dispute resolution
12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so.