Terms and Conditions
General Terms and Conditions with Customer Information
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Right of withdrawal
11. Exclusion of the right of withdrawal
12. Returns
13. Return costs in case of cancellation
14. Storage of the contract text
15. Data Protection
16. Place of jurisdiction, applicable law, contract language
1. Scope
1.1. The provider and contractual partner for the goods presented in the online shop “LIEBLINGSGLAS” at www.lieblingsglas.de is LIEBLINGSGLAS GmbH, Akeleistr. 12, 82024 Taufkirchen (hereinafter referred to as “provider”).
1.2.The General Terms and Conditions (hereinafter referred to as T&Cs) apply exclusively to the business relationship between the provider and the customer (hereinafter referred to as "customer"). The version of the T&Cs valid at the time of the order is applicable.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity (Section 13 of the German Civil Code).
2. Offers and service descriptions
2.1. The presentation of the products in the Lieblingsglas online shop does not constitute a legally binding offer. It is subject to change and non-binding.
2.2. All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.
2.3.The provider offers the items shown in the online shop for sale. The color representation of the items on the website may vary slightly depending on the Internet browser used and the monitor settings of the customer; these deviations can never be completely avoided for technical reasons.
2.4. The glass lid is for decorative purposes.
3. Order and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to cart] button.
3.2 The customer can then complete the order process within the shopping cart by clicking on the [Continue to checkout] button.
3.3. By completing the order process in the online shop by clicking on the order button [Buy], the customer makes a binding offer to purchase the goods in the shopping cart. The customer can change and view the data at any time before submitting the order. Required information is marked with an asterisk (*).
3.4. For every order placed in the online shop, the seller sends the customer an automatic confirmation email confirming receipt of the customer order by the seller and listing its details (order confirmation). This order confirmation does not constitute acceptance of the contract (except for the payment method "prepayment"), but only informs the customer that the customer order has been received by the seller.
The purchase contract is only concluded when the seller confirms the customer's order by sending an express order confirmation by e-mail or by delivering, handing over or shipping the goods within 3 days.
3.5. If the customer has chosen the payment method “prepayment”, the purchase contract has already been concluded with the email about the receipt of the customer order.
If payment is not received by the seller within 10 calendar days of receipt of the order confirmation email despite being due and after a further request, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item will therefore be reserved for a maximum of 10 calendar days if payment is made in advance.
3.6 The order form used when placing the order is not stored by the seller and can no longer be accessed after the order process has been completed. However, the customer can print out or save the order data immediately after submitting the order.
3.7 All of the Seller's products in the online shop are only sold in household quantities. This refers both to the number of products ordered in one order and to placing multiple orders for the same product, where the individual orders contain a household quantity.
4. Prices and offers
4.1. The prices stated in the seller’s online shop are in EURO and include the applicable statutory sales tax.
4.2. In addition to the prices indicated, the Seller will charge shipping costs for delivery (see 5 below).
4.3. The customer is responsible for any customs fees or subsequent VAT calculations that may arise for deliveries to Switzerland and must bear these costs themselves.
5. Delivery, availability of goods, shipping costs
5.1.If no copies of the product selected by the customer are available at the time of the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case, no contract is concluded.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.3 If a purchase contract has been concluded in accordance with the above regulations, the goods will be delivered to the customer within 2 to 7 working days after the purchase contract has been concluded. Any delivery times that deviate from this are noted on the item. In addition to the stated product prices, shipping costs are added. Shipping costs are calculated per delivery.
6. Terms of payment
6.1. The customer selects the available payment methods during and before completing the order process.
6.2. The invoice amount is due upon acceptance of the order by the seller or, in the case of advance payment, upon receipt of the pro forma invoice sent by confirmation email.
6.3. If payment by invoice is possible, payment must be made within [30 days] of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must demand default interest of 5% above the base interest rate per annum announced by the European Central Bank.
6.5. If the seller can prove that he has suffered greater damages due to delay, the seller is entitled to claim these. Lieblingsglas reserves the right to pass on the claims.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment
8. Warranty for material defects and guarantee
8.1 If there is a defect in the purchased item, the statutory provisions apply.
8.2. A guarantee for the goods delivered by the Seller only exists if this has been expressly given.
9. Warranty claims – Liability
Warranty claims are governed by statutory provisions.
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.
9.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.
To exercise your right of withdrawal, you must inform us (LIEBLINGSGLAS GmbH, Akeleistr. 12, 82024 Taufkirchen, customersupport @lieblingsglas.de ) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
You must return or hand over the goods promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to
favorite glass
c/o Kapten & Son
Vitalisstr. 162
50827 Cologne
The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
11. Exclusion of the right of withdrawal
The right of withdrawal does not apply, unless the parties have agreed otherwise, to the following contracts: Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded, Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery, Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery, Contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence, Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery, Contracts for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.
12. Returns
12.1. Customers are requested to report the return to the seller before returning the goods: by phone +49 (0) 221-98656849 or by email to customersupport @lieblingsglas.de to announce the return. This will enable the seller to allocate the products as quickly as possible.
12.2.If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
12.3. The modalities mentioned in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal in accordance with No. 10 of these General Terms and Conditions.
13. Return costs in case of cancellation
13.1 If the customer is a consumer, he or she must bear the regular costs of return in the event of cancellation (see No. 10 of these General Terms and Conditions) if the goods delivered correspond to those ordered or if, in the case of a higher price of the item, the customer has not yet paid the consideration or a contractually agreed partial payment at the time of cancellation.
14. Storage of the contract text
14.1 The order form used to place the order is saved by the seller. The customer can print or save the order data immediately after submitting the order. The general terms and conditions can be viewed online.
14.2. The seller will also send the customer an automatic order confirmation with all order data to the email address provided by the customer. The customer will also receive a copy of the General Terms and Conditions with his order.
15. Data Protection
15.1. The customer is asked to provide personal data on the seller's website. The seller processes the customer's personal data for specific purposes and in accordance with the statutory provisions.
15.2. The personal data provided for the purpose of ordering goods will be stored and used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
15.3. The customer has the right to receive, upon request and free of charge, information about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block or delete his personal data, provided that there is no statutory retention period to the contrary.
15.4. Further information on the type, scope, location and purpose of the collection, processing and use of personal data required for the execution of orders, registration for the e-mail notification service and the transmission of required personal data by the Seller can be found in the Privacy Policy.
16. Place of jurisdiction, applicable law, contract language
16.1. The law of the Federal Republic of Germany applies. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence.
16.2. The place of jurisdiction and performance for all disputes is the registered office of the Seller, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
16.3. The contract language is German.
16.4. The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/ .
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.