Terms and conditions
General Terms and Conditions
1. Scope of Application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract
The purchase contract is concluded with Lemonstorm GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.
When the contract is concluded with us depends on the method of payment chosen by you:
When you place your order, you also provide us with your credit card details. After your confirmation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment order. Thus the contract with us is confirmed.
3. Contract Language, Contract Text Storage
The languages available for the conclusion of the contract are English and German.
The contract text is not stored by us.
4. Terms of Delivery
In addition to the indicated product prices shipping costs may apply. You can find out more about shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
The following payment methods are available to you in our shop:
When you place your order, you also provide us with your credit card details.
After your confirmation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
After placing the order you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount immediately, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately afterwards and your account will be debited.
6. Transport Damage
The following applies to consumers: If goods are delivered with obvious transport damage, you should immediately file a complaint with the deliverer after which you should also contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.
7. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
If used goods are purchased by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the passing of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own details and the manufacturer's product descriptions which were included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- to the extent that the scope of application of the Product Liability Act has been opened up.
For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 to 13:00 and from 14:00 to 17:00 at the telephone number +49 911 59060124 or by email at email@example.com
8. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf
9. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.
10. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we will ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The deliverer will only deliver the goods after the age check and only to the orderer personally.
11. Final Provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.