1. Scope, contract language
1.1 For the business relationships between LD13 GmbH (in the future "Seller") and the customer (in the future "Customer"), which is based on the conclusion of a contract for the purchase and delivery of products via the Seller's website (from now on "Online Shop") lies, these general terms and conditions (from now on "GTC") apply exclusively in the version valid at the time of the order.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB). Entrepreneur, within the meaning of these terms and conditions, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the course of their commercial or independent professional activity. Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
1.3 The offer in the online shop is aimed exclusively at consumers who have reached the age of 18. By placing the order, the customer declares that he acts solely for private purposes.
1.4 Conflicting, deviating, or supplementary general terms and conditions of the customer are not recognized unless the Seller agrees to their validity.
1.5 The language available for the conclusion of the contract is exclusively German. Translations of these GTCs into other languages are for information only. The German text takes precedence if there are any differences between the language versions.
2. Ordering process and contract conclusion, contract text storage
2.1 The presentation of the products in the Seller's online shop does not constitute a legally binding offer but an invitation to place an order. Descriptions of the products in the Seller's online shop do not have the character of an assurance or guarantee.
2.2 Products are only sold in normal household quantities and only to end consumers.
2.3 The customer can select products from the Seller's range without obligation and collect them in a shopping basket using the "Add to shopping basket" button. The product selection can be changed within the shopping cart, e.g., deleted. The customer can then continue the ordering process within the shopping cart by clicking the "Proceed to checkout" button.
2.4 The "continue shopping" button in the shopping cart allows further products to be selected and added to the cart even after the carriage has been processed. The "Proceed to checkout" button can then continue the ordering process.
2.5 During the ordering process, the customer is asked to provide the necessary information, particularly the delivery address, billing address, and payment method. The customer can enter this information via a so-called guest access. The customer is obliged to provide truthful and complete information.
2.6 Before the customer can submit a binding application to purchase the products in the shopping cart using the "Order with obligation to pay" button, he must accept these GTC by clicking on the "I have read and accept the General Terms and Conditions" button and thereby include them in his application and - if the customer is a consumer - by clicking on the button "I have read the data protection regulations and the cancellation policy" to confirm that he has read and acknowledged the instructions on his right of cancellation and the data protection regulations.
2.7 The customer then submits a binding request to purchase the products in the shopping cart by clicking the "Order with obligation to pay" button. Before sending the order, the customer can change and view the data at any time and use the browser function "back" to go back to the shopping cart or cancel the order process altogether. Information required for the ordering process is marked with an asterisk (*).
2.4 The "continue shopping" button in the shopping bag allows further products to be selected and added to the cart even after the carriage has been processed. The "Proceed to checkout" button can then continue the ordering process.
2.5 During the ordering process, the customer is asked to provide the necessary information, particularly the delivery address, billing address, and payment method. The customer can enter this information via a so-called guest access. The customer is obliged to provide truthful and complete information.
2.6 Before the customer can submit a binding application to purchase the products in the shopping cart using the "Order with obligation to pay" button, he must accept these GTC by clicking on the "I have read and accept the General Terms and Conditions" button and thereby include them in his application and - if the customer is a consumer - by clicking on the button "I have read the data protection regulations and the cancellation policy" to confirm that he has read and acknowledged the instructions on his right of cancellation and the data protection regulations.
2.7 The customer then submits a binding request to purchase the products in the shopping cart by clicking the "Order with obligation to pay" button. Before sending the order, the customer can change and view the data at any time and use the browser function "back" to go back to the shopping cart or cancel the order process altogether. Information required for the ordering process is marked with an asterisk (*).
3. Prices and shipping costs
3.1 All Seller's online shop prices are in euros and include the applicable statutory value-added tax.
3.2 In addition to the stated prices, the Seller charges delivery and shipping costs to be borne by the customer. The resulting delivery and shipping costs are shown in the ordering process as a flat-rate shipping cost. Costs for packaging are already included in the respective flat-rate shipping costs.
4. Delivery, Availability of Goods
4.1 Delivery will be made to the address provided by the customer ("delivery address").
4.2. If the product ordered is unavailable because the Seller is not supplied with this product by his supplier through no fault of his own (reservation of self-delivery), the Seller can withdraw from the contract. In this case, the Seller will inform the customer immediately and, if necessary, propose delivering a comparable product. If no equivalent product is available or the customer does not want a similar effect delivered, the Seller will immediately reimburse the customer for any consideration already paid.
4.3 Customers will be informed about delivery times and restrictions on a separate information page or within the product description.
4.4 In cases of force majeure (unforeseen circumstances and events for which the Seller is not responsible and which could not have been avoided with the diligence of a prudent businessman, e.g., labor disputes, war, fire, transport obstacles, lack of raw materials, import and export restrictions, official measures, pandemics, epidemics or other disruptions to operations), the Seller is released from the obligation to deliver for the duration and to the extent of the impact. The Seller will immediately notify the customer of the occurrence and cessation of force majeure and will make every effort to remedy the force majeure and limit its effects as far as possible. In force majeure, the contracting parties will agree on how to proceed. Irrespective of this, each contracting party is entitled to withdraw from the orders affected if the force majeure lasts more than four weeks after the agreed delivery date.
3. Prices and shipping costs
3.1 All Seller's online shop prices are in euros and dollars.
3.2 In addition to the stated prices, the Seller charges delivery and shipping costs to be borne by the customer. The resulting delivery and shipping costs are shown in the ordering process as a flat-rate shipping cost. Costs for packaging are already included in the respective flat-rate shipping costs.
4. Delivery, Availability of Goods
4.1 Delivery will be made to the address provided by the customer ("delivery address").
4.2. If the product ordered is unavailable because the Seller is not supplied with this product by his supplier through no fault of his own (reservation of self-delivery), the Seller can withdraw from the contract. In this case, the Seller will inform the customer immediately and, if necessary, propose delivering a comparable product. If no equivalent product is available or the customer does not want a similar effect to be produced, the Seller will immediately reimburse the customer for any consideration already paid.
4.3 Customers will be informed about delivery times and restrictions on a separate information page or within the product description.
4.4 In cases of force majeure (unforeseen circumstances and events for which the Seller is not responsible and which could not have been avoided with the diligence of a prudent businessman, e.g., labor disputes, war, fire, transport obstacles, lack of raw materials, import and export restrictions, official measures, pandemics, epidemics or other disruptions to operations), the Seller is released from the obligation to deliver for the duration and to the extent of the impact. The Seller will immediately notify the customer of the occurrence and cessation of force majeure and will make every effort to remedy the force majeure and limit its effects as far as possible. In force majeure, the contracting parties will agree on how to proceed. Irrespective of this, each contracting party is entitled to withdraw from the orders affected if the force majeure lasts more than four weeks after the agreed delivery date.
6. Retention of title, copyrights
6.1 The delivered products remain the Seller's property until full payment.
6.2 The Seller has either copyrights or rights of use to all images and texts published in the online shop. Images and texts are not permitted without the Seller's consent.
7. Warranty against Material Defects
7.1 The warranty is based on legal regulations.
7.2 The use of different display technologies and the customer's display settings can lead to distortions in the color representation of the products during the ordering process.
7.3 The materials used by the Seller are mostly handmade natural products, which means that the products can have genuine and material-related color deviations.
7.4 Product measurements are approximate only to give the buyer a more accurate idea of how a garment fits. The actual dimensions of a product will vary depending on the material used to manufacture it.
8. Liability
8.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, irrespective of the other statutory entitlement requirements.
8.2 The Seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
8.3 Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the breach of responsibilities, the fulfillment of which is necessary for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the Seller is only liable for the foreseeable, contract-typical damage. The Seller is not responsible for the slightly negligent breach of obligations other than those specified in the preceding sentences.
8.4 The above limitations of liability do not apply in the event of injury to life, limb, or health for a defect after the assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected
8.5 Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
9. Privacy
Any processing of personal data takes place by the provisions of the EU General Data Protection Regulation ("GDPR") in the version applicable since May 25, 2018, and in particular, the statutory data protection provisions of the Federal Data Protection Act (BDSG). For the conclusion of the contract, the customer must provide his personal data, which is then used to process the order. Mandatory information required to process the contracts is marked separately; further information is voluntary. The Seller processes the data provided to process the order. For this purpose, payment data can be passed on to the Seller's house bank. The legal basis for this is Art. 6 (1) sentence one lit. b GDPR. Detailed data protection regulations can also be viewed under the "Data protection" menu item. These contain detailed information on how personal data is handled, how it is protected, and what rights the customer has.
10. Right of cancellation/cancellation policy
10.1 In principle, the customer has a right of withdrawal when concluding a distance selling transaction for the purchase of goods, taking into account Section 10.3.
10.2 If the customer uses his right of withdrawal according to
10.1, he has to bear the regular return costs.
10.3 The statutory right of withdrawal referred to in Section 10.1 does not apply to contracts for the delivery of goods that 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 personal needs are tailored to the consumer. The statutory right of withdrawal mentioned in Section
10.1 expires prematurely in the case of contracts for the delivery of sealed goods unsuitable for return for health protection or hygiene reasons if their seal was removed after delivery.
10.4 Following the statutory model, this PDF file provides information about the right of withdrawal mentioned in Section
10.1. Furthermore, a sample cancellation form is attached to the cancellation policy contained in this PDF file.
11. Applicable Law, Place of Jurisdiction, Place of Performance, Final Provisions
11.1. The Federal Republic of Germany law applies to the business relationship between the Seller and the customer, excluding international private law and the UN sales law. If the customer is a consumer, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the customer has his habitual residence.
11.2. The EU Commission has provided a platform for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. The Seller is unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
11.3. Should individual provisions of these General Terms and Conditions be or become wholly or partially void, unenforceable, or impracticable, the validity of the remaining provisions of these General Terms and Conditions shall not be affected. In such a case, a provision that comes as close as possible to the meaning and purpose of the provision in question shall be applied in place of the void, unenforceable, or unenforceable provision. The same applies if these GTCs contain an unintended loophole.
(as of August 2021)