Conditions– LucyandFly
opening hours Mon-Fri, 9:00 a.m. - 7:00 p.m

General Terms and Conditions

1. Scope
2. Contracting Party, Conclusion of Contract, Correction Options
3. Contract Language, Contract Text Storage
4. Subject of the Contract
5. Requirements and Handling of Customer Content
6. Delivery Conditions
7. Payment
8. Right of Withdrawal
9. Retention of Title
10. Transport Damage
11. Warranty and Guarantees
12. Liability
13. Dispute Resolution
14. Final Provisions

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Hans-Joachim Löblein.

By placing products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products non-bindingly in the shopping cart and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract Language, Contract Text Storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.

4. Subject of the Contract

4.1 Product Description

Reference is made to the validity of the respective product description as an essential part of the contract.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any uncertainties, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors are possible.

5. Requirements and Handling of Customer Content

5.1 Requirements

If, for the fulfillment of the order, it is necessary for you to submit content to us (e.g., texts, data, files), the technical possibilities existing for this and the possibly applicable requirements are governed by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you transmit. We do not perform an editorial review of the content before executing the order.

5.2 Compliance with Applicable Law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights and claims of third parties (especially copyrights, trademark rights, or other intellectual property rights) and must not contain or serve purposes of glorifying violence, discriminating, being racist, xenophobic, or other immoral or unconstitutional content.

5.3 Indemnification

You shall indemnify us from claims of third parties that they may assert in connection with an infringement of their rights by our contractual use. You shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnification does not apply if you are not responsible for the infringement. You are obliged to provide us with all information necessary for the examination of claims and for defense immediately, truthfully, and completely in the event of a claim by third parties.

5.4 Right of Withdrawal

We reserve the right to reject the order or withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or good morals, or if there is a justified suspicion thereof. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

6. Delivery Conditions

 Delivery Options

We ship the products to the delivery address specified in the order process.

We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.

7. Payment

7.1  Prices

The prices indicated at the time of the order apply. These are total prices and include the statutory value-added tax.

7.2 Payment Methods

The following payment methods are generally available to you in our shop.

Prepayment
If you choose the prepayment method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Credit Card
During the ordering process, you enter your credit card details. Your card will be charged immediately after placing the order.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. You will receive further instructions during the ordering process.

PayPal may offer additional payment methods to registered PayPal customers selected according to its own criteria in the customer account. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with PayPal. You can find more information about this in your PayPal account.

Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account enabled for online banking, legitimize yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.

8. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

9. Retention of Title

The product remains our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the product until all claims from an ongoing business relationship have been settled in full. You are entitled to resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to report a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment.

11. Warranty and Guarantees

11.1 Liability for Defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following limitations and shortened deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents

  • in case of injury to life, limb, or health
  • in case of intentional or grossly negligent breach of duty and malice
  • in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • insofar as the scope of the Product Liability Act is open.

Limitations against Entrepreneurs

For entrepreneurs, only our own statements and the manufacturer's product descriptions that have been included in the contract apply as an agreement on the quality of the goods; we do not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note for Merchants

Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give notice as regulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

11.2 Guarantees and Customer Service

Information on any applicable additional guarantees and their precise conditions can be found with the respective product and on special information pages in the online shop.

12. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in case of injury to life, limb or health,
  • in case of intentional or grossly negligent breach of duty,
  • in case of guarantee promises, if agreed, or
  • insofar as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contracting party can regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, our liability is limited in amount to the foreseeable damage typical for the contract at the time of its conclusion.
Otherwise, claims for damages are excluded.

13. Dispute Resolution

We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

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