Terms and Conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (LucyBalu GmbH) via the website https://lucybalu.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” using the corresponding button in the navigation bar and make changes there at any time.
After calling up the “checkout” page and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order summary on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order summary again, to change them (also using the “back” function of your internet browser) or to cancel the order.
By submitting the order using the corresponding button (“Pay now”), you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your enquiries for the preparation of a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, in part in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
Payment via Klarna
In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
(1) Invoice: The payment period is 14 days from dispatch of the goods/the ticket/or, in the case of other services, from the provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).
(2) Sofortüberweisung: Available in Germany and Austria. Your account is debited immediately after the order is placed. The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we pass on your data to Klarna for the purpose of address and credit checks in the course of initiating the purchase and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible on the basis of the results of the credit check.
Further information and Klarna's terms of use can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user.
General information about Klarna can be found here https://www.klarna.com/de/. Your personal data is handled by Klarna in accordance with the applicable data protection regulations and in line with the information in Klarna's privacy policy https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.
Further information about Klarna can be found here https://www.klarna.com/de/smoooth-mehrzuklarna/. You can find the Klarna app here https://www.klarna.com/de/klarna-app/.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the reserved goods passes, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice total that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights in respect of defects apply.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the warranty provisions above:
a) Only our own statements and the manufacturer's product description are deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or replacement delivery. If the removal of the defect fails, you may at your discretion demand a reduction in price or withdraw from the contract. The removal of the defect is deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the item or the defect or from other circumstances. In the case of repair, we do not have to bear the increased costs that arise from transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This shortening of the period does not apply:
- to damage attributable to us and culpably caused resulting from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with rights in respect of defects.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as it does not withdraw the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence (favourability principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
LucyBalu GmbH
Hellabrunner Straße 30
81543 Munich
Germany
Telephone: +49 (0) 89 121 29 420
Email: service@lucybalu.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction take place in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions are sent to you again by email.
3.3. In the case of quotation requests outside the online shopping cart system, you receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the order process and must be borne by you in addition, unless free delivery has been agreed.
6.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by banks), which are to be borne by you.
6.4. Any money transfer costs incurred (transfer or exchange rate fees charged by banks) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.6. Unless stated otherwise for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These terms and conditions and customer information were drawn up by the lawyers of Händlerbund specialising in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of warning notices.
Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 27 October 2020