General Terms and Conditions
§ 1 General, scope of application
(1)These General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded in the online shop at the internet address www.luka-world.com/shop/ between us, the seller
ITR Industry to Retail GmbH
Im Löwental 60
Geschäftsführer: Stefan Tholen
Handelsregister: HRB 22780 (Amtsgericht Essen)
Tel: +49 201 95 98 95-0
Fax: +49 201 95 98 95-30
and you as our customers or buyers. The T&C apply regardless of whether you are a consumer, entrepreneur or merchant.
(2)The version of the T&C valid at the time the contract is concluded shall be decisive.
(3)Our terms and conditions apply exclusively; we do not recognise any terms and conditions of the customer which conflict with or deviate from our terms and conditions. This shall also apply if we do not expressly object to such inclusion.
§ 2 Order process, conclusion of contract
(1)Orders can only be placed by persons of legal age who have a residential address in Germany. We send goods exclusively to delivery addresses within Germany.
(2)The product offers in our online shop do not constitute a binding offer to conclude a sales contract. Rather, it is a non-binding invitation to order goods in our online shop.
(3)Before the binding dispatch of the order, the customer can go back and forth at will within the ordering process by pressing the corresponding forward/reverse buttons and thus correct input errors or make desired corrections.
By sending an order via the online shop by clicking on the button "buy now", the customer places a legally binding order. With the order of a product the person ordering bindingly declares themselves to want to acquire the ordered product according to the terms of the existing T&C.
For each order you will receive an automatically generated order confirmation including the contract text stored by us, which will be sent to you by e-mail immediately after the order has been triggered. This is not yet the acceptance of the contract by us.
Acceptance of the contract shall be effected by separate e-mail (e.g. order confirmation, confirmation by e-mail that we have received payment or confirmation of dispatch); acceptance of the contract may also be declared in writing or by delivery of the goods to the customer.
If we do not accept your order because, exceptionally, an item you have ordered is no longer available, we will inform you immediately. In this case, any payments made will be refunded.
§ 3 Right of cancellation
If you are a consumer within the meaning of § 13 BGB (German Civil Code) (i.e. a natural person who places an order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to the statutory right of withdrawal described below:
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you, or a third party other than the carrier designated by you, have taken possession of the goods (or the last goods, part consignment or piece, in the case of a contract for several goods of a single order, or the delivery of one good in several part consignments or pieces).
In order to exercise your right of cancellation, you must inform us
ITR Industry to Retail GmbH
Im Löwental 60
Tel: +49 201 95 98 95-0
Fax: +49 201 95 98 95-30
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this Agreement. You can use the attached sample cancellation form, which is not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our website (https://www.luka-world.com/checkout/confirm). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a cancellation.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this Agreement, we shall reimburse you immediately, and no later than fourteen days from the date on which we received notice of your cancellation of this Agreement, for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the cancellation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is attributable to handling them in a way that is not necessary to check their condition, properties and functionality.
§ 4 Prices and delivery costs
(1)All prices quoted in our online shop are gross prices including statutory VAT and do not include delivery costs.
(2)The possible delivery costs are stated in our prices in our online shop. The price including sales tax and any delivery costs is also displayed in the order form before you send the order.
(3)If we fulfill your order according to § 6 number 1 of these T&C by partial deliveries, you will only incur delivery costs for the first partial delivery. If the partial deliveries are made at your request, we will charge delivery costs for each partial delivery.
§ 5 Payment Terms
(1)Unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due for payment immediately.
(2)We offer you different possibilities to pay for the ordered goods. Besides the payment by credit card (via Stripe or with 3D-Secure, via Stripe) we offer you the payment via PayPal.
(3)We accept the following credit cards: Visa, Mastercard and American Express. When paying by credit card, you must provide us with the card number, the card verification number and the expiration date of the credit card. For 3D-Secure, payment is additionally confirmed with a password, TAN or fingerprint. When the invoice is issued, the invoice amount is debited from your credit account.
(4)With every order we reserve the right not to offer certain payment methods and to refer to other payment methods.
(5)You are in default if you culpably fail to pay your invoice/partial payments when they become due at the latest. In the event of default, the entire claim is due for immediate payment. During the period of default, we shall be entitled to demand a default interest rate for the year of 5 percentage points above the base interest rate. Further rights due to default remain unaffected.
(6)The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. In addition, he is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 Terms of delivery, reservation of prepayment, and force majeure
(1)We are entitled to make partial deliveries insofar as this is reasonable for you. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer.
(2)The delivery period shall be the period stated in the goods presentation/offer, unless otherwise agreed, and shall commence - subject to the provisions in Clauses 3 and 4 - upon conclusion of the contract. Otherwise, the delivery period shall be approx. 2 working days within Germany from the day on which you received our declaration of acceptance of the contract.
(3)In the case of orders from customers with their place of residence or place of business abroad, or if there are well-founded indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and the shipping costs.
(4)We shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery significantly more difficult or impossible for us, not only temporarily, even in the case of bindingly agreed deadlines and dates. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
§ 7 Unaccepted and uncollected parcels
We reserve the right to charge 15.00 Euro for the costs incurred (e.g. for handling, packaging, freight) for parcels that have not been accepted or collected. We shall not be entitled to such a right if you prove to us that no or only lower costs were incurred by us. Likewise, you shall not have to pay any costs for parcels that have not been accepted or collected if you have declared the revocation of your contractual declaration to us by the time the goods are delivered to you or the goods are delivered to the parcel shop designated by you. The decisive point in time is the dispatch of your cancellation.
§ 8 Warranty and Guarantee
In the event of defects in goods, we shall comply with the statutory warranty provisions. The period of limitation for statutory warranty claims is thereafter two years and begins with the delivery of the goods. Seller guarantees are not granted.
§ 9 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
§ 10 Liability
(1)We shall be liable to you in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2)In other cases, we shall only be liable - unless otherwise stipulated in clause 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in Section 3.
(3)Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4)Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 11 Copyrights
We have copyright on all pictures, films and texts published in our online shop. A use of the pictures, films and texts is not permitted without our express agreement.
§ 12 Data Protection
When collecting, processing and using the customer's personal data, we assure you that we will observe the provisions of the Basic Data Protection Ordinance, the Federal Data Protection Act and other relevant legal standards, see also our data protection provisions.
§ 13 Miscellaneous
(1)The law of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods shall not apply. This choice of law applies only to the extent that non-binding applicable consumer protection regulations of the state in which the consumer has his habitual residence at the time of his order have been withdrawn.
(2)If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller, Essen. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3)Should any clause of these terms and conditions be invalid, this shall not affect the validity of the other clauses. If one clause of these conditions is ineffective in only one part, the other part retains its validity. The parties are obliged to replace an ineffective clause with an effective replacement clause that comes as close as possible to the economic purpose of the ineffective condition.
(4)We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.