Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Peer Kirschke) via the website www.lowandlower.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Terms of the Contract
(1) The object of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
(6) Personalized items are excluded from exchange!
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from the dispatch of the goods/ticket/or, for other services, the provision of the service. You can find the complete invoice terms and conditions for the countries in which this payment method is available here: Germany ( https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice ), Austria ( https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice ).
- Sofortüberweisung (Instant Transfer): Available in Germany and Austria. Your account will be debited immediately after placing the order. The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment during the initiation of the purchase and the processing of the purchase contract. Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check.
Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as stated in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
Further information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). The Klarna App can be found here (https://www.klarna.com/de/klarna-app/).
§ 4 Right of Retention, Reservation of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and explicitly agreed between the contracting parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Peer Kirschke
Stätte 1A
99955 Bad Tennstedt
Germany
Email: info@lowandlower.de
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions on "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print out or electronically save.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
Personalizations are excluded from exchange and return
Exclusion of the right of withdrawal for personalized products
According to § 312g para. 2 no. 1 BGB, there is no right of withdrawal for orders of individually manufactured or personalized products.
The preview shows a digital file and may differ slightly from the print. Colors may darken slightly during printing, please consider this when choosing very dark colors. Therefore, it is better to choose colors where the contrasts are still clearly visible.
Furthermore, one should be careful not to choose a white design on white clothing.
Just as with black clothing, do not choose a black design.
Because you will not be able to recognize this after printing!
This includes all items that have been manufactured according to customer specifications or are clearly tailored to personal needs (e.g. products with names, logos or special designs). A return or exchange is therefore excluded, unless the product has a verifiable defect or error.
Please check your order carefully before purchasing, especially with regard to the desired personalization.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly marked button on our website or in the respective offer, are explicitly shown during the order process and must be borne by you in addition, unless free shipping is promised.
5.3. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly marked button on our website or in the respective offer.
6.2. For you as a consumer, it is legally stipulated that the risk of accidental loss and accidental damage to the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory warranty rights
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service ( https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service ). Last updated: 28.03.2024