Terms & Conditions and Customer Information

General Terms and Conditions (GTC)

As of 15.05.2023

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the LB24 International GmbH, Jathostr., 11a, 30163 Hannover, Register Court: Local Court Hannover, Register Number: HRB 206057, represented by Managing Director Ugas Bassai, Tel.: 0511 87989379, E-Mail: info@luxusbetten24.de

and to you as our customer. The Terms and Conditions 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 Terms and Conditions, our order confirmation, and our declaration of acceptance.

(3) The version of the Terms and Conditions valid at the time of contract conclusion is decisive.

(4) We do not accept deviating conditions of the customer. This also applies 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 to the order for a period of two weeks after placing the order; your right to revoke your order, if applicable under § 3, remains unaffected.

(3) We will confirm receipt of your order placed through our online shop immediately by email. Such an email does not yet constitute a binding acceptance of the order, unless it simultaneously declares acceptance in addition to confirming receipt.

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

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

(6) Should the delivery of the goods you ordered not be possible, for example because the corresponding goods are not in stock, we will refrain from declaring acceptance. In this case, no contract is concluded. We will inform you immediately and promptly refund any payments already received.

(7) The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

§ 3 Right of Withdrawal 

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

(2) The withdrawal instruction and the withdrawal form for the purchase of non-parcelable goods (freight shipping) is at https://luxusbetten24.de/pages/widerrufsbelehrung-formular available.

(3) The withdrawal instruction the withdrawal form for the purchase of parcelable goods (postal shipping) is at https://luxusbetten24.de/pages/widerrufsbelehrung-formular available.

§ 4 Delivery Conditions

(1) We are entitled to partial deliveries, provided this is reasonable for the customer.

(2) The shipment of the goods takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the buyer's order processing is decisive for the transaction. 

(3) For goods delivered by freight forwarder, delivery is made "free curbside," i.e., to the public curbside nearest to the delivery address, unless otherwise specified in the shipping information of the online shop and unless otherwise agreed.

(4) If you as a customer have chosen a delivery "free to place of use" according to the shipping information of the online shop, the delivery of the goods will be made to the place of intended use of the goods.

(5) If you as a customer have chosen a delivery "with assembly" according to the shipping information of the online shop, the delivery of the goods will be made to the place of intended use of the goods. The goods will be assembled at this location.

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

(7) We point out that goods delivered by freight forwarding are transported by a maximum of 2 persons to the place of use or the assembly location via access routes and entrances that are usually intended to be used by persons. The customer bears the risk that the goods can be transported through the access routes and entrances by 2 persons considering their size and weight. The customer is not entitled to require the freight forwarder to use devices or machines to transport the goods to the place of use or the assembly location. The freight forwarder is entitled to refuse the transport of the goods to the 4th floor and higher floors.

(8) If the freight forwarder returns the shipped goods to us because delivery or transport to the place of use or the assembly location at the customer is 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 made delivery impossible or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service to them within a reasonable time beforehand. Furthermore, this does not apply regarding the costs for the initial shipment if the customer effectively exercises their right of withdrawal. For the return shipping costs, in the case of effective exercise of the right of withdrawal by the customer, the provisions in the withdrawal instructions apply. non-parcelable goods (freight shipping) agreed regulation.

§ 5 Additional Provisions for the Assembly Service

If the seller owes the assembly of the goods at the customer's premises in addition to the delivery of the goods according to the content of the contract, the following applies:

(1) The seller performs their services at their discretion either personally or through qualified personnel selected by them. The seller may also use the services of third parties (subcontractors) acting on their behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person to carry out the assembly.

(2) The customer must provide the seller with all information necessary for the provision of the owed service completely and truthfully, unless the procurement of such information does not fall within the seller's responsibilities according to the content of the contract.

(3) The seller will contact the customer after the conclusion of the contract to arrange an appointment with them for the owed service. The customer shall ensure that the seller or the personnel commissioned by them has access to the relevant facilities of the customer at the agreed appointment.

§ 6 Prices and Shipping Costs 

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

(2) The shipping costs are indicated 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 fulfill your order by partial deliveries according to § 4 para. 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, under the legal conditions, request reimbursement of already paid costs for shipping to you (outbound shipping costs).

§ 7 Payment Terms and Set-off and Right of Retention

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

(2) If a payment method offered via the payment service "PayPal" is selected, the payment processing is carried out through 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. If the seller also offers payment methods via PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in case of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of claim assignment. Further information about the payment method "PayPal" can be found by the customer on the internet at https:// https://www.paypal.com/de/webapps/mpp/ua/legalhub-full/ abrufen.

(3) When selecting the payment method "SOFORT," the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," must authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the customer's bank account is debited. Further information about the payment method "SOFORT" can be accessed by the customer on the internet at https://www.klarna.com/sofort/.

(4) When selecting a payment method offered via the payment service "Shopify Payments," the payment processing is carried out by 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 additional payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

(5) When selecting a payment method offered via the payment service "Stripe," the payment processing is carried out by 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 additional payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information about Stripe is available on the internet at https://stripe.com/de.

(6) When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out by 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 case of a negative credit assessment. Further information about Stripe is available on the internet at https://stripe.com/de.

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

§ 8 Retention of Title

The delivered goods remain our property until full payment of the purchase price.

§ 9 Warranty 

(1) We are liable for material or legal defects of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory warranty claims is two years and begins with the delivery of the goods.

(2) Any seller guarantees we provide for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees are set out in the warranty conditions, which may be enclosed with the items.

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

 

§ 10 Liability

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

(2) In other cases, we are liable – unless otherwise regulated in paragraph 3 – only for breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and this liability is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions of paragraph 3.

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

§ 11 Copyrights

We hold usage or copyright rights for all images, videos, and texts published in our online shop. Use of the images, videos, and texts is not permitted without our express written consent.

§ 12 Data Protection, Consent to Data Processing and Contact

The information about the collection, storage, and processing of personal data as well as about the related rights of the data subjects is contained in the provider’s privacy policy.

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

§ 13 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention. 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 have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the seller’s registered office in Hannover. Otherwise, the applicable statutory provisions shall apply for local and international jurisdiction.

§ 14 Dispute Resolution: 

The EU Commission has created an online platform for the out-of-court settlement of disputes. The platform serves as a contact point for the extrajudicial 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 a dispute resolution procedure before a consumer arbitration board.

§ 15 Code of Conduct

The seller has submitted 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 their amendments and supplements, including amendments to this provision, shall generally require written form, unless the binding submission of declarations of intent is made 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 GTC contain regulatory gaps, those legally effective regulations shall be deemed agreed upon to fill these gaps, which the contracting parties would have agreed upon according to the economic objectives and purpose of these GTC if they had known about the regulatory gap.