Terms & Conditions
General terms and conditions of Luleno NON-FOOD GmbH
§ 1 General
- These terms and conditions apply to all contracts, deliveries and other services of Luleno NON-FOOD GmbH, Oststraße 28, 22844 Norderstedt, Germany (hereinafter: "Seller"), regarding the online shop www.mccatalogue.com and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
- The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of the UN sales law is excluded.
- The contract language is German.
- The place of jurisdiction is Norderstedt, Germany insofar as the customer is a merchant or a legal entity under public law or special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the action is brought.
- The seller delivers worldwide.
- Customers have the option of using an alternative dispute resolution. The following link from the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.
§ 2 Contract content and conclusion of contract
- The seller offers customers new goods, especially textiles, for sale in the online shop www.mccatalogue.com.
- When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer's order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order are confirmed to the customer by email. The customer also has the option of inquiring about a specific item from the seller by phone, email, fax or letter. After receiving such a request, the seller makes the customer a corresponding offer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
- The contract text can no longer be viewed after the order, therefore the customer is asked to save the contract text himself.
§ 3 Prices, shipping costs, sales tax and payment
- For orders via the online shop, the prices stated there apply.
- The prices are exclusive of statutory sales tax as well as shipping and packaging costs, which the customer will be informed of before the order is placed.
- The delivery of the customer by the seller takes place at the customer's request against the following payment methods: Prepayment (by bank transfer), PayPal, on account. If the customer chooses prepayment by bank transfer, the payment is at the latest Due 7 calendar days after the conclusion of the contract. In the case of delivery on account, payment is due no later than 7 calendar days after the invoice has been issued.
- If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and / or withdraw from the contract.
- The seller always issues an invoice to the customer, which is given to him upon delivery of the goods or which is otherwise received in text form.
§ 4 Delivery and transfer of risk
- Unless otherwise contractually agreed, the ordered goods will be delivered to the address given by the customer. The delivery takes place from the warehouse of the seller.
- The availability of the individual goods is specified in the item descriptions. Unless expressly agreed otherwise, the seller will dispatch goods available in the warehouse within 5 working days of payment instruction. If the goods are marked as not in stock when sold via the online shop, the seller will endeavor to deliver as quickly as possible. Information provided by the seller on the delivery period is non-binding, unless, in exceptional cases, the delivery date has been bindingly promised by the seller.
- The seller reserves the right to make a partial delivery, provided that this appears advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs resulting from partial deliveries will not be charged to the customer.
- The seller reserves the right to release itself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This self-delivery reservation only applies if the seller is not responsible for the lack of delivery. The seller is not responsible for the failure to perform if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this fact and reimburse the purchase price and shipping costs that have already been paid.
- The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the freight forwarder, the carrier or the person otherwise assigned to carry out the shipment when the goods are delivered.
§ 5 Retention of title
The delivered goods remain the property of the seller until all claims from the contract have been fulfilled; In the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims that the seller is entitled to in connection with the contract.
§ 6 Right of Retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal defects
- If there are defects, the customer is entitled to statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, Section 377 of the German Commercial Code also applies.
- Damage caused by improper actions on the part of the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller. The customer can find information on proper handling in the manufacturer's descriptions.
- Defects are to be reported to the seller by the customer within a warranty period of two years for new items or one year for used items - unless there is a shorter obligation to notify defects from § 377 HGB. If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, the guarantee to entrepreneurs is excluded.
- The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer aimed at compensation for physical injury or damage to health due to a defect for which the seller is responsible or which are based on willful or grossly negligent fault of the seller or her vicarious agents.
- If there are defects and if they were asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
§ 8 Duty to inform in the event of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer should immediately complain to the forwarder / freight service without prejudice to his warranty rights (§ 7) and immediately by e-mail or other means (fax/post) contact the seller so that she can protect any rights against the forwarding agent / freight service.
§ 9 Disclaimer
- Outside of liability for material defects and defects of title, the seller is unrestrictedly liable for compensation for damage it is responsible for, insofar as the cause of the damage is based on intent or gross negligence. You are also liable for the slightly negligent breach of essential obligations (obligations, the breach of which endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations the fulfillment of which enables the proper execution of the contract in the first place and whose attitude of the customer regularly trusts), but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than the above.
- The limitations of liability of the preceding paragraph do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. The liability according to the product liability law remains unaffected.
- If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.