Terms of service
General Terms and Conditions and Consumer Information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Krüger & Allhorn GbR, Haldemer Straße 35, 32351 Stemwede, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the provider's website mylipo.de.Unless otherwise agreed, the inclusion of the customer's own terms is rejected.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) The language of the contract is German. The complete contract text is not stored by the provider. Before submitting the order through the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After the order is received by the provider, the order data, the legally required information for distance contracts, and the general terms and conditions will be sent to the customer again via email.
For requests for quotes, which are transmitted to the provider, for example, by email, phone, fax, or in writing, the customer receives all contract data as part of a binding offer via email, which the customer can print out or save electronically.
§ 2 Subject Matter of the Contract
The subject of the contract is the sale of goods. The details, particularly the essential features of the goods, can be found in the item description and the additional information on the provider's website.
§ 3 Conclusion of the Contract
(1) The product representations of the provider on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) through the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart." Using the corresponding button in the navigation bar, the customer can access the "shopping cart" and make changes at any time. After accessing the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order details will be displayed again on the order summary page.
Before submitting the order, the customer has the option to review all the information here again, make changes (also using the "back" function of the internet browser), or cancel the purchase.
By submitting the order via the "order with payment obligation" button, the customer makes a binding offer to the provider.
The customer initially receives an automatic email confirming the receipt of their order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days through confirmation in text form (e.g., email), in which the customer is informed of the execution of the order or delivery of the goods (order confirmation).
If the customer has not received the corresponding message within this period, they are no longer bound to their order. If applicable, any services already rendered will be promptly refunded in this case.
(4) Customer inquiries regarding the purchase of goods or the creation of individual offers outside the online shopping cart system, transmitted to the provider by phone, email, fax, or in writing, are non-binding for the customer. The provider submits a binding offer to the customer in text form (e.g., via email), which the customer can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partially automatically via email. The customer must therefore ensure that the email address provided to the provider is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.
§ 4 Custom-Made Goods
(1) The customer provides the supplier with the necessary suitable information, texts, or files for the individual design of the goods via the online ordering system or, at the latest, immediately after the conclusion of the contract by email. Any specifications from the provider regarding file formats must be observed.
(2) The customer agrees not to transmit any data whose content infringes the rights of third parties (especially copyright, name rights, trademark rights) or violates existing laws. The customer expressly indemnifies the provider from all third-party claims asserted in this context. This also includes the costs of the legal representation required in this context.
(3) The provider does not verify the content accuracy of the transmitted data and therefore assumes no liability for errors.
(4) Insofar as the provider creates texts, images, graphics, and designs for the customer as part of the individual design, these are subject to copyright.
Without the express consent of the provider, the use, reproduction, or modification of individual parts or complete content is not permitted.
Unless otherwise agreed, the provider grants the customer an unlimited usage right to the copyright-protected works created for the customer by the provider. The customer is expressly prohibited from making the protected works or parts thereof available to third parties in any way, either privately or commercially.
The transfer of the right of use is subject to the suspensive condition of full payment of the agreed purchase price.
§ 5 Prices, Shipping Costs
(1) The prices listed in the respective offers as well as the shipping costs are final prices. They include all price components, including all applicable taxes.
If the delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer, but not to the provider, rather to the relevant customs or tax authorities there. The customer is advised to inquire about the details with customs or tax authorities before placing the order.
(2) The shipping costs incurred are not included in the purchase price.They can be accessed on the "Payment and Shipping" page, are separately indicated during the ordering process, and are to be borne by the customer in addition, unless free shipping has been promised.
(3) The customer receives an invoice with specified value-added tax.
§ 6 Payment and Shipping Terms
(1) The terms of payment and shipping can be found under the button of the same name in the navigation.
(2) Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) Should a product ordered by the customer unexpectedly be unavailable despite the timely conclusion of an adequate hedging transaction for reasons not attributable to the provider, the customer will be promptly informed of the unavailability and, in the event of withdrawal, any payments already made will be refunded without delay.
(4) For consumers, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to the customer upon delivery of the goods, regardless of whether the shipping is insured or uninsured.
§ 7 Return shipping costs when exercising the right of withdrawal
In the event of exercising the statutory right of withdrawal applicable to consumers in distance selling contracts, it is agreed that the customer shall bear the direct costs of the return.
§ 8 Right of Retention, Retention of Title
(1) A right of retention can only be exercised by the customer insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain the property of the provider until the purchase price has been paid in full.
(3) If the customer is an entrepreneur, the following additionally applies:
a) The supplier retains ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) The customer can resell the goods in the ordinary course of business. For this case, he already assigns all claims arising from the resale, up to the invoice amount, to the provider accepting the assignment. The customer is further authorized to collect the receivable. As far as he does not fulfill his payment obligations properly, the provider reserves the right to collect the claim himself.
c) In the case of combining and mixing the reserved goods, the supplier acquires co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider commits to releasing the securities owed to them at the customer's request, to the extent that the realizable value of the provider's securities exceeds the secured claim by more than 10%. The selection of the securities to be released is the responsibility of the provider.
§ 9 Warranty
(1) The statutory regulations apply.
(2) As a consumer, the customer is requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damages, and to promptly report any complaints to the supplier and the carrier. If the customer does not comply, it has no effect on the statutory warranty claims.
(3) Insofar as the customer is an entrepreneur, the following applies, deviating from paragraph 1:
a) The quality of the goods is only considered agreed upon based on the provider's own information and the manufacturer's product description, but not on any other advertising, public endorsements, or statements made by the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify the supplier in writing of any obvious defects within 7 days of receiving the goods; timely dispatch is sufficient to meet the deadline. This also applies to later discovered hidden defects from the time of discovery.In case of violation of the duty to inspect and report, the assertion of warranty claims is excluded.
c) In the case of defects, the provider shall, at their discretion, provide a warranty through rectification or replacement delivery.If the remedy fails twice, the customer can choose to demand a reduction or withdraw from the contract.In the case of rectification, the provider is not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
d) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to damages caused by the provider's fault resulting in injury to life, body, or health, and damages caused by gross negligence or intentional misconduct by the provider, as well as in cases of recourse claims according to §§ 478, 479 BGB.
If the customer is an entrepreneur, the delivery and shipment are at their own risk.
§ 10 Liability
(1) The provider is fully liable for damages resulting from injury to life, body, or health, in all cases of intent and gross negligence, in cases of fraudulent concealment of a defect, in cases of assuming a guarantee for the quality of the purchased item, for damages under the Product Liability Act, and in all other legally regulated cases.
(2) Insofar as essential contractual obligations are affected, the provider's liability in cases of slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are essential duties that arise from the nature of the contract and whose breach would jeopardize the achievement of the contractual purpose, as well as duties that the contract imposes on the provider according to its content to achieve the contractual purpose, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
(3) In the case of the breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) Data communication over the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. The provider is not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 11 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with the provider, as well as the place of jurisdiction, is the provider's registered office, provided that the customer is not a consumer but a merchant, a legal entity under public law, or a special fund under public law.The same applies if the customer has no general jurisdiction in Germany or the EU or if their residence or habitual abode is not known at the time the lawsuit is filed. The authority to also bring the case before a court at another legal jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention do not expressly apply.
Instructions for Battery Disposal
In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to inform you of the following:
You are legally obligated to return used batteries as an end user.You can return used batteries, which we carry or have carried as new batteries, free of charge to our shipping warehouse (shipping address).The symbols depicted on the batteries have the following meanings:
The symbol of the crossed-out trash can means that the battery must not be disposed of in household waste.
Pb = Battery contains more than 0.004 mass percent lead
Cd = Battery contains more than 0.002 mass percent cadmium
Hg = Battery contains more than 0.0005 mass percent mercury.
Please note the above instructions.