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 Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "T&C") of Maximilian Eckert, trading under "Luzzo" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these T&C is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after placing the order.

If multiple of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The acceptance period begins on the day after the Customer submits the offer and ends at the close of the fifth day following the offer submission. If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing is carried out via 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 PayPal’s terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the conditions for payments without a PayPal account apply, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By choosing a PayPal payment method during the order process, the Seller already declares acceptance of the Customer’s offer at the moment the Customer clicks the button to complete the ordering process.

2.5 When placing an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after submitting the order. Beyond this, the contract text is not made accessible by the Seller. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering their login details.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognizing input errors may be the zoom function of the browser, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The contract language is German.

2.8 Order processing and communication are generally carried out via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered even when using SPAM filters. 

Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.
3.2 Further details regarding the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are located outside the European Union.

Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and must be borne by the customer. These include, for example, costs for money transfers via credit institutions (e.g., transfer fees, exchange rate fees) or import-related charges and taxes (e.g., customs duties). Such costs may also arise concerning money transfers even if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The available payment methods are communicated to the customer in the seller’s online shop.
4.4 If a payment method offered via the payment service provider "PayPal" is selected, payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods through PayPal that involve an advance payment by the seller (e.g., purchase on account or installment payment), the seller assigns the payment claim to PayPal or a payment service provider designated by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the designated payment service provider conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method if the credit check result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made with a debt-discharging effect to PayPal or the payment service provider designated by PayPal. However, the seller remains responsible for general customer inquiries, such as those regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes, even in the event of claim assignment.
4.5 If a payment method offered via the payment service provider "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods available via Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Stripe may use additional payment services for which specific payment conditions may apply, and the customer may be informed separately about such conditions. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during the order processing by the seller is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs for the initial delivery if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions in the seller's withdrawal policy apply in the case of an effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as a business, the risk of accidental loss or accidental deterioration of the goods passes to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder, or any other person or institution designated to execute the shipment. If the customer acts as a consumer, the risk of accidental loss or accidental deterioration of the goods generally passes to the customer only upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss or accidental deterioration of the goods also passes to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder, or any other person or institution designated to execute the shipment if the customer has instructed the carrier, freight forwarder, or any other person or institution with the execution and the seller has not previously named such person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the customer will be promptly informed, and any payments made will be refunded without delay.
5.5 Self-pickup is not possible for logistical reasons.

Retention of Title

6. If the seller performs in advance, they retain ownership of the delivered goods until the full payment of the purchase price due is made.

Warranty

7. Unless otherwise specified in the following provisions, the statutory provisions on warranty apply. Deviating from this, for contracts for the delivery of goods:
   7.1 If the customer acts as a business,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from the delivery of the goods;
• for used goods, the rights and claims due to defects are excluded;
• the limitation period does not restart if a replacement delivery is made within the framework of the warranty.
  7.2 If the customer acts as a consumer, for contracts for the delivery of used goods with the restriction of the following clause: The limitation period for warranty claims is one year from the delivery of the goods, if this has been explicitly and separately contractually agreed between the parties and the customer has been specifically informed of the shortened limitation period before making their declaration of contract.
  7.3 The above-mentioned limitations of liability and the shortened periods do not apply
• for claims for damages and reimbursement of expenses of the customer,
• if the seller has fraudulently concealed the defect,
• for goods that have been used for construction work in accordance with their usual purpose and have caused defects in the building,
• for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
  7.4 Furthermore, for businesses, the statutory limitation periods for any existing legal recourse claims remain unaffected.
  7.5 If the customer acts as a merchant according to § 1 HGB, the customer is subject to the commercial inspection and notification obligations according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed accepted.
  7.6 If the customer acts as a consumer, they are requested to report any obvious transport damages to the carrier upon delivery and to notify the seller. Failure to do so will have no impact on the customer’s statutory or contractual warranty claims.

  
  

  Liability

  8. The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses as follows:
     8.1 The seller is fully liable
  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise specified,
  • due to mandatory liability, such as under the Product Liability Act.
    8.2 If the seller negligently violates a material contractual obligation, the liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated under the previous clause. Material contractual obligations are those obligations that the contract imposes on the seller in order to achieve the contract's purpose, the fulfillment of which enables the proper execution of the contract, and on whose compliance the customer can regularly rely.
    8.3 Otherwise, the seller's liability is excluded.
    8.4 The above liability provisions also apply with respect to the seller's liability for his agents and legal representatives.

  Applicable Law

  9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
  9.2 This choice of law does not apply to the statutory right of withdrawal for consumers who are not citizens of an EU member state at the time of the contract conclusion and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.

  Alternative Dispute Resolution

  10.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
  This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
  10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.