I. General Terms and Conditions of Business
§ 1 Basic Provisions
(1) The following General Terms and Conditions (GTC) apply to contracts that consumers conclude with us as a provider (Love On First Site GbR) via the web shop at www.loveonfirstsite.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Contract Partner
The purchase contract is concluded with Love On First Site GbR, owner: Ruben Denker, address.
§ 3 Conclusion of the Contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer from Love On First Site, but is only an invitation to place an order.
(2) By clicking on the button (“Buy now”/”Order now” or similar) you place a binding order for the goods contains in the shopping basket.
(3) Your purchase contract is concluded when we expressly accept your order by e-mail, usually immediately after receiving your order or when we have executed delivery to the corresponding extent.
§ 4 Right of Retention, Reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are requested 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 soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. In the case of consumer customers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. This shall not affect the right to also call upon the court at another legal place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
§ 7 Right of Revocation and Returns
(1) If you are a consumer (according to § 1(2) GTC), you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of revocation according to § 6(1) GTC, you shall bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following revocation instruction shall apply to the right of revocation
Cancellation Policy
Art. 1 – Right of Revocation
(a) You have the right to revoke this contract within fourteen days without giving reasons.
(b) The revocation period is fourteen days starting from the date
– where you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and that the goods are delivered under a single delivery;
– at which you or a third party designated by you, other than the carrier, took possession of the last goods, provided that you have ordered several goods under a single order and they are delivered separately;
– on which you or a third party designated by you, other than the carrier, have taken possession of the last partial consignment or the last item, if you have ordered goods which are delivered in several partial consignments or items.
(c) In order to exercise your right of withdrawal, you must inform us [Love On First Site GbR, address and, if available, telephone number, fax number and e-mail address] by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but it is not mandatory. You can also fill out and submit the sample revocation form or another clear declaration electronically on our website (insert Internet address). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of your revocation.
(d) In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Art. 2 – Consequences of Revocation
(a) In the event that you revoke this contract, we shall return all payments we have received from you, including delivery costs (excluding additional costs arising from you selecting a form of delivery other than the standard, low-cost delivery we offer), immediately and at the latest within fourteen days from the date on which we receive your notification of revocation of this contract. For this refund we shall utilise the same payment methods as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever date is earlier.
(b) You must return or hand over the goods to us or to (insert here, if applicable, the name and address of the person authorised by you to receive the goods) immediately and in any event no later than within fourteen days from the date on which you informed us of your revocation of this contract. The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period.
(c) You shall bear the direct costs of returning the goods.
(d) You shall be liable for any loss of value of the goods if this loss of value is due to handling of the goods other than that which is necessary to ascertain their nature, properties and functioning.
Art. 3 – Grounds for Exclusion and Extinction
(a) The right of withdrawal does not apply to contracts
– for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
– the supply of alcoholic beverages whose price was agreed at the time of conclusion of the contract but which cannot be delivered before 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control;
– the supply of newspapers, periodicals or magazines, other than subscription contracts.
(b) The right of withdrawal expires prematurely for contracts
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
– for the delivery of goods if, after delivery, they have been inseparably mixed with other goods because of their nature;
– the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
– End of the cancellation policy –
§ 8 Prices and Shipping Costs
(1) The prices stated on the web shop include the statutory value added tax and other price components.
(2) The shipping costs incurred are not included in the purchase price. In addition to the prices stated, we charge xxx euros per order for delivery within Germany (flat rate). You can find the shipping costs and further charges via a correspondingly designated button on our website or in the respective offer, and they are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
§ 9 Delivery
(1) Delivery shall only be made within Germany by the selected delivery company.
(2) The delivery time is up to 3 days and depends on the respective delivery company. We point out previously known, possible delayed delivery times on the respective product page.
(3) The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
(4) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, 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 entrepreneur or a person otherwise designated to carry out the shipment.
§ 10 Payment
(1) The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. If you choose payment in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
(2) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
(4) Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
§ 11 Protection of Minors
(1) When selling goods that are subject to age restriction, we only enter into contractual relationships with customers who are of legal age. Existing age restrictions are indicated in the respective item descriptions.
(2) By placing your order, you assure that you are of legal age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you or persons authorised by you to receive the delivery who are of legal age take receipt of the goods.
(3) Insofar as we are obliged by law to carry out an age check, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who are of legal age and, in case of doubt, to have the identity card of the person receiving the goods shown for the age check.
(4) Insofar as we indicate in the respective item description that you must have reached the age of 18 in order to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that the German legal age of 18 must be reached instead of any other legally prescribed minimum age.
II. Customer Information
1. Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “§ 3 Conclusion of the Contract” of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3 In the case of quotation requests outside of the online shopping basket 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
The essential features of the goods can be found in the respective offer.
5. Prices and Terms of Payment
The prices and payment modalities are governed by the regulations “§ 8 Prices and Shipping Costs” and “§ 10 Payment” in our General Terms and Conditions (Part I).
6. Terms of Delivery
The terms of delivery shall be governed by the provision “§ 9 Delivery” in our General Terms and Conditions (Part I).
7. Legal Liability for Defects
Liability for defects is governed by the provision “§ 5 Warranty” in our General Terms and Conditions (Part I).