Terms of service

General Terms and Conditions and Customer Information

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 (Alex Trupp) via the website of this online shop. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. A trader (business customer) is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed profession.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of assembly services.

(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can open the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data and the payment and shipping terms, the order data is finally displayed to you as an order summary.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
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 instant payment system provider or after you have been returned to our online shop.

Before submitting the order, you have the opportunity to check the details in the order summary again, change them (also via the "back" function of your web browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "place binding order", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
 

(4) Your requests for a quotation are not binding on you. We will send you a binding offer in text form for this purpose (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Performance of assembly services
 
(1) Where assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We perform this to the best of our knowledge and belief, either personally or through third parties.
 
(2) The services are performed on the agreed dates.
 
(3) You are obliged to cooperate. In particular, at the time the assembly services are performed, you must make it possible to access the premises in a walkable and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical power and, where applicable, water to the extent necessary. We are entitled to terminate the part of the contract concerning the provision of assembly services pursuant to § 643 BGB if you do not fulfil your obligations to cooperate. For this purpose, we will set you a reasonable deadline within which you can make up for the necessary acts of cooperation.
 
(4) If you exercise your right of termination under § 648 sentence 1 BGB, we may demand 10% of the agreed remuneration as a flat-rate remuneration if performance has not yet begun. Where the statutory right of withdrawal exists, however, this only applies if you exercise your right of termination after the withdrawal period has expired. You remain entitled to prove that we have in fact incurred no costs or significantly lower costs.
 

§ 4 Special agreements on the payment methods offered

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

You can find further information on Klarna and the Klarna terms of use for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
 

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; where special payment terms apply to these, you will be informed of them separately. You can find further information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via "Mollie"

If you select a payment method offered via "Mollie", payment is processed by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "Mollie" may use other payment services to process payments; where special payment terms apply to these, you will be informed of them separately. You can find further information on "Mollie" at https://www.mollie.com/de.
 

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a trader, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount 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) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title 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 insofar as 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.

§ 6 Statutory warranty

(1) The statutory rights regarding liability for defects apply.

(2) If you are informed of this by us before submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above limitation does not apply:

- to culpably caused damage attributable to us arising from injury to life, body or health, or to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
 

(3) As a consumer, you are asked to check the goods immediately on delivery for completeness, obvious defects and transport damage and to notify us and the freight carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.

(4) Where a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are a trader, the following applies in deviation from the above warranty provisions:

a)  Only our own information and the manufacturer's product description are deemed agreed as the quality of the goods, 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. If remedying the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. Remedying the defect is deemed to have failed after an unsuccessful second attempt, unless anything to the contrary results in particular from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs arising from the goods being taken to a place other than the place of performance, provided that this does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortened period does not apply:

- to culpably caused damage attributable to us arising from injury to life, body or health, or to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have 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 relating to defects.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as 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 have no 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 filed. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.




II. Customer information

1. Identity of the seller

Alex Trupp
Vahrenwalder Str. 213
30165 Hannover
Germany
Phone: +49 176 43198566
E-mail: info@loftandlys.com
Company complaints office: 
Alex Trupp
Vahrenwalder Str. 213
30165 Hannover

Please submit complaints by post to the above address.

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.

We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.

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 are governed by 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. We do not store the complete contract text. 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. Once we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and payment terms

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are payable by you in addition, unless free delivery has been promised.

5.3. 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 credit institutions), which are payable by you. 

5.4. Costs incurred for money transfer (transfer or exchange rate fees charged by credit institutions) are payable by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery terms

6.1. The delivery terms, delivery date and any delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or another person designated to carry out the shipment.

If you are a trader, delivery and shipping take place at your risk.

7. Statutory liability for defects

Liability for defects is governed by the "Statutory warranty" provision in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on termination of the contract and the termination conditions can be found in the provisions on "assembly services" in our General Terms and Conditions (Part I) and in the respective offer.