General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Lounu UG (limited liability) (hereinafter "we/us") apply to all contracts for the supply of goods that you conclude with us as a consumer or entrepreneur (hereinafter "you") regarding the goods displayed by us in our online shop. We hereby exclude the incorporation of your own terms and conditions unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these GTC if you enter into a legal transaction for purposes that are predominantly neither your commercial nor your self-employed professional activity.
1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a legally recognized partnership acting in the course of your commercial or self-employed professional activity when entering into a legal transaction.

 

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve as an invitation to submit a binding offer by you.
2.2 You can submit the offer via the online order form integrated into our online shop. In doing so, after you have placed the selected goods in the virtual shopping cart and completed the electronic ordering process, you submit a legally binding contract offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive in this respect, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive in this respect, or
- by requesting payment from you after you have submitted your order.
If several of the above alternatives are available, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – subject to the Terms for Payments Without a PayPal Account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare that we accept your offer at the time you click the button that completes the ordering process.
2.5 When ordering via our online order form, the contract text will be stored by us after the conclusion of the contract and sent to you in text form (e.g. email, fax or letter) after you submit your order. We do not make the contract text available in any other way.
2.6 Before bindingly submitting the order via our online order form, you can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the zoom function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries during the electronic ordering process as long as you do not click the button that completes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 The order processing is usually carried out automatically by email. You must ensure that the email address you have provided for order processing is correct, so that you can receive the emails we send to this address.

 

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our withdrawal policy.

 

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the stated prices are total prices that include statutory VAT. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.
4.2 The payment method(s) will be communicated to you in our online shop.
4.3 If you select a payment method offered via the payment service "PayPal", the payment will be processed by PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we provide credit to you (e.g. purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you in this respect. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the submitted customer data. We reserve the right to refuse the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make a payment to PayPal or the payment service provider commissioned by PayPal that has the effect of discharging the debt. However, even in the event of the assignment of the claim, we remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their transmission, or credits.
4.4 If you select a payment method offered via the payment service "Shopify Payments", the payment will be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). We will inform you in our online shop about the individual payment methods offered via Shopify Payments. Shopify may use other payment services to process payments, for which special payment terms may apply, which you may be separately informed about. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/de.

 

5) Delivery and Shipping Terms

5.1 If we offer shipping of the goods, delivery will take place within the delivery area specified by us to the delivery address you have provided, unless otherwise agreed. For the processing of the transaction, the delivery address specified in our order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address you have saved with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons attributable to you, you bear the reasonable costs incurred by us as a result. This does not apply to the costs of return shipping if you effectively exercise your right of withdrawal. For the return shipping costs, the provision made in our withdrawal policy regarding the effective exercise of the right of withdrawal applies.5.3 If you act as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to you as soon as we have handed over the item to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If you act as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally only passes to you upon delivery of the goods to you or a person entitled to receive them. Notwithstanding this, even if you act as a consumer, the risk of accidental loss or accidental deterioration of the sold goods passes to you as soon as we have handed over the item to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, if you have commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment to carry out the shipment and we have not previously named this person or entity to you.
5.4 If you act as a consumer with a registered office in Germany or as an entrepreneur, we reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the non-delivery is not attributable to us and we have concluded a concrete cover transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 Self-collection is not possible for logistical reasons.

 

6) Retention of Title

If we provide credit, we reserve the title to the delivered goods until full payment of the purchase price owed has been received.

 

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, for contracts for the supply of goods:
7.1 If you act as an entrepreneur,
- we have the choice of the type of supplementary performance;
- the limitation period for defect rights for new goods is one year from delivery of the goods;
- defect rights are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 The above-stated limitations of liability and shortened periods do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- to goods that have been used in accordance with their usual intended use for a structure and have caused its defectiveness,
- to an existing obligation on our part to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for an existing statutory recourse claim remain unaffected.
7.4 If you act as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and notify defects pursuant to Section 377 HGB applies to you. If you fail to comply with the notification duties regulated there, the goods are deemed accepted.
7.5 If you act as a consumer, you will be asked to complain to the delivery person about delivered goods with obvious transport damage and to inform us of this. Failure to do so has no effect on your statutory or contractual defect claims.

 

8) Liability

We are liable to you for all contractual, contract-like, and statutory claims for damages and reimbursement of expenses, including tortious claims, as follows:
8.1 We are liable without limitation for any legal reason
- in cases of intent or gross negligence,
- in cases of intentional or negligent violation of life, body, or health,
- due to a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If you act as a consumer with a registered office in Germany or as an entrepreneur, the following limitations of liability apply:
If we negligently breach a material contractual obligation, our liability is limited to typical, foreseeable damage, unless we are liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place, and whose compliance you may regularly rely on. Otherwise, liability on our part is excluded unless we are liable without limitation pursuant to the preceding paragraph.
8.3 The above liability provisions also apply to our liability for our vicarious agents and legal representatives.

 

9) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between us, excluding the laws on the international sale of goods. If you act as a consumer, this choice of law applies only insofar as the protection afforded to you by the mandatory provisions of the law of the state in which you have your habitual residence is not deprived.

 

10) Jurisdiction

If you act as a merchant, a public law legal entity, or a special fund under public law with a registered office in the territory of the Federal Republic of Germany, our business address is the exclusive place of jurisdiction for all disputes arising from this contract. If your registered office is outside the territory of the Federal Republic of Germany, our business address is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the above cases, we are entitled in any event to bring the action before the court at your registered office.

 

11) Alternative Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Copyright Notice

These GTC were created by the IT Law Attorneys of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)

As of 16.10.2026