Terms & Conditions and Customer Information

General Terms and Conditions (GTC)

Version dated 15.05.2023

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our online shop between us, the LB24 International GmbH, Jathostr., 11a, 30163 Hanover, registry court: Local Court of Hanover, registration number: HRB 206057, represented by the Managing Director Ugas Bassai, Tel.: 0511 87989379, email: info@luxusbetten24.de

and you as our customer. The GTC shall apply regardless of whether you are a consumer, entrepreneur, or merchant.

(2) All agreements made between you and us in connection with the purchase contract arise from these GTC, our order confirmation, and our declaration of acceptance.

(3) The version of the GTC valid at the time the contract is concluded shall apply.

(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of Contract 

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the “order with obligation to pay” button, you place a legally binding order. You are bound by the order for a period of two weeks after placing it; any right you may have under § 3 to revoke your order shall remain unaffected.

(3) We will confirm receipt of your order placed via our online shop without undue delay by email. Such an email does not yet constitute a binding acceptance of the order unless, in addition to confirming receipt, it also declares acceptance.

(4) A contract shall only be concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(5) We can only process orders for deliveries abroad from a minimum order value onward. You can find the minimum order value in the price information provided in our online shop.

(6) Should delivery of the goods you ordered not be possible, for example because the relevant goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded. We will inform you of this without undue delay and refund any consideration already received without undue delay.

(7) The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only in the event that the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The seller shall undertake all reasonable efforts to procure the goods. In the event of the unavailability of the goods, or if the goods are only partially available, the customer shall be informed without undue delay and any consideration already provided shall be reimbursed without undue delay.

§ 3 Right of withdrawal 

(1) If you are a consumer (that is, a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.

(2) The cancellation policy and the withdrawal form for the purchase of goods not suitable for parcel delivery (freight shipment) is available at https://luxusbetten24.de/pages/widerrufsbelehrung-formular available.

(3) The cancellation policy the withdrawal form for the purchase of parcel-deliverable goods (postal shipment) is available at https://luxusbetten24.de/pages/widerrufsbelehrung-formular available.

§ 4 Delivery conditions

(1) We are entitled to make partial deliveries insofar as this is reasonable for the customer.

(2) The goods shall be shipped within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address stated in the buyer’s order processing shall be decisive. 

(3) For goods delivered by freight carrier, delivery is made “kerbside”, i.e. to the public kerb nearest to the delivery address, unless otherwise stated in the online shop’s shipping information and unless otherwise agreed.

(4) If, as a customer, you have selected delivery “free to place of use” in accordance with the online shop’s shipping information, the goods will be delivered to the place where they are intended to be used.

(5) If, as a customer, you have selected delivery “with assembly” in accordance with the online shop’s shipping information, the goods will be delivered to the place where they are intended to be used. The goods will be assembled at that location.

(6) If the customer acts as a consumer, they are requested to report any goods delivered with obvious transport damage to the carrier and to inform the seller thereof. Statutory warranty rights shall remain unaffected.

(7) Please note that goods delivered by freight carrier are transported by a maximum of 2 persons to the place of use or to the assembly location via access routes and through entrances that are ordinarily intended to be used by persons. The customer bears the risk that, due to its size and weight, the goods can be transported through the access routes and entrances by 2 persons. The customer is not entitled to require the freight carrier to use equipment or machines to transport the goods to the place of use or to the assembly location. The freight carrier is entitled to refuse transport of the goods to the 4th floor and any higher floors.

(8) If the freight carrier returns the shipped goods to us because delivery or transport to the place of use or to the assembly location at the customer's premises is not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if the customer was temporarily prevented from accepting the offered performance, unless the seller had announced the performance to the customer a reasonable time in advance. Furthermore, this shall not apply with regard to the costs of the outward shipment if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provision set out in the cancellation policy for the return costs shall apply goods not suitable for parcel shipment (freight forwarding) agreed provision.

§ 5 Additional Provisions for the Assembly Service

If, under the content of the contract, the seller owes not only delivery of the goods but also installation of the goods at the customer's premises, the following shall apply:

(1) The seller shall perform its services, at its discretion, either personally or through qualified personnel selected by it. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the seller's service description, the customer shall not be entitled to request a specific person to carry out the assembly.

(2) The customer shall provide the seller with the information required for the performance of the owed service in full and truthfully, insofar as obtaining such information does not fall within the seller's scope of duties under the content of the contract.

(3) After the conclusion of the contract, the seller shall contact the customer in order to arrange an appointment with the customer for the performance owed. The customer shall ensure that the seller or the personnel appointed by the seller has access to the customer's relevant facilities at the agreed time.

§ 6 Prices and shipping costs 

(1) All prices stated in our online shop are gross prices including statutory VAT and are exclusive of any applicable shipping costs.

(2) The shipping costs are stated in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit the order.

(3) If we fulfil your order by partial deliveries in accordance with § 4 para. 1, you will incur shipping costs only for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, subject to the statutory requirements, demand reimbursement of costs already paid for shipping to you (outbound shipping costs).

§ 7 Terms of payment, set-off and right of retention

(1) The purchase price and the shipping costs can be paid in advance to the accounts specified by us.

(2) If a payment method offered via the payment service “PayPal” is selected, payment processing shall be carried out via PayPal, PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which the seller makes advance payment to the customer (e.g. purchase on account or payment by instalments), the seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative assessment result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment with discharging effect can only be made to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, notices of cancellation and their submission, or credit notes. The customer can find further information on the payment method “Paypal” on the Internet at https:// https://www.paypal.com/de/webapps/mpp/ua/legalhub-full/ abrufen.

(3) If the payment method “SOFORT” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT”, the customer must have an online banking account enabled for participation in “SOFORT”, authenticate themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is carried out by “SOFORT” immediately thereafter and the customer’s bank account is debited. More detailed information about the “SOFORT” payment method is available online at https://www.klarna.com/sofort/.

(4) If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. For the processing of payments, Stripe may use other payment services, for which special payment terms may apply and of which the customer may be informed separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

(5) If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online shop. For the processing of payments, Stripe may use other payment services, for which special payment terms may apply and of which the customer may be informed separately. Further information about Stripe is available online at https://stripe.com/de.

(6) If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check. Further information about Stripe is available online at https://stripe.com/de.

(7) If you select a payment method offered via the payment service \"Klarna\", payment processing shall be carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter \"Klarna\"). Further information and Klarna's relevant terms and conditions can be found in the seller's payment information, which can be viewed at the following internet address:
https://luxusbetten24.de/pages/zahlung-versand.

§ 8 Retention of title

The delivered goods shall remain our property until the purchase price has been paid in full.

§ 9 Warranty 

(1) We shall be liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory defect claims is two years and begins upon delivery of the goods.

(2) Any seller guarantees granted by us for certain items or manufacturer guarantees granted by the manufacturers for certain items shall apply in addition to claims arising from material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee terms, which may be enclosed with the items.

(3) Due to the lighting conditions during product photography and different screen settings and displays, the colour of the goods may not be reproduced authentically. Statutory warranty rights shall remain unaffected.

 

§ 10 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In all other cases, we shall be liable — unless otherwise provided in paragraph 3 — only in the event of a breach of a contractual obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance you, as the customer, may regularly rely (so-called cardinal obligation), and in such case limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 11 Copyright

We hold usage rights or copyrights to all images, videos and texts published in our online shop. Any use of the images, videos and texts is not permitted without our express written consent.

§ 12 Data Protection, Consent to Data Processing and Contacting Us

Information on the collection, storage and processing of personal data, as well as on the rights of data subjects in this respect, is contained in the provider's privacy policy.

The privacy policy is available at https://luxusbetten24.de/pages/datenschutzerklarung

§ 13 Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and had your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and your registered office was in Germany at the time of the order, the exclusive place of jurisdiction shall be the seller's registered office in Hanover. In all other respects, the applicable statutory provisions shall govern local and international jurisdiction.

§ 14 Dispute Resolution: 

The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Code of Conduct

The seller has committed to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

§ 15 Final Provisions

(1) All agreements between the contracting parties, as well as any amendments and supplements thereto, including amendments to this provision, must generally be made in writing, unless binding declarations of intent are submitted via an internet portal of the seller.

(2) The invalidity of individual provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. Insofar as these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed upon in accordance with the economic objectives and the purpose of these General Terms and Conditions if they had been aware of the loophole.