TERMS & CONDITIONS

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  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 of Application

1.1

These Terms and Conditions (hereinafter referred to as the “Terms”) of Dmitrij Lübesnov, trading as “United Love Co.” (hereinafter referred to as the “Seller”), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.

1.2

A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3

An entrepreneur within the meaning of these Terms 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.

2) Conclusion of Contract

2.1

The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2

The Customer may submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained 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 (e.g., email or fax), whereby receipt of the confirmation by the Customer shall be decisive; or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
  • by requesting payment from the Customer after the order has been placed.

If several of the above alternatives occur, the contract shall be concluded at the time when the first of these alternatives occurs.

The period for acceptance of the offer begins on the day after the Customer submits the offer and ends at the expiry of the fifth day following submission of the offer.

If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4

If the Customer selects a payment method offered by PayPal, payment processing shall be 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 (“PayPal”), subject to the PayPal User Agreement available at:

https://www.paypal.com

or, if the Customer does not have a PayPal account, subject to the terms applicable to payments without a PayPal account.

If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order process.

2.5

The contract text shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted the order. The Seller shall not make the contract text available beyond this.

If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data shall be archived on the Seller’s website and may be accessed free of charge by the Customer via their password-protected user account using the relevant login credentials.

2.6

Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen.

An effective technical means for identifying input errors may be the browser’s zoom function, which enlarges the display on the screen.

The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7

Different languages may be available for concluding the contract. The specific language options are displayed in the online shop.

2.8

Order processing and communication generally take place via email and automated order processing.

The Customer must ensure that the email address provided for order processing is correct and capable of receiving emails sent by the Seller.

In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1

Consumers generally have a statutory right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller’s Withdrawal Policy.

3.3

The right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded.

4) Prices and Payment Conditions

4.1

Unless otherwise stated in the Seller’s product description, all prices shown are total prices.

VAT is not charged because the Seller is exempt from VAT as a small business owner under applicable tax regulations.

Any additional delivery and shipping costs shall be indicated separately in the respective product description.

4.2

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer.

These may include, for example:

  • fees charged by banks or payment institutions for money transfers;
  • currency conversion fees;
  • import duties;
  • customs charges;
  • taxes and similar governmental charges.

Such costs may also arise where payment is made from a country outside the European Union, even if delivery is not made outside the European Union.

4.3

The available payment method(s) shall be communicated to the Customer in the Seller’s online shop.

4.4

If a payment method offered through the payment service “PayPal” is selected, payment processing shall be carried out via PayPal, which may use the services of third-party payment providers for this purpose.

Where the Seller offers payment methods via PayPal under which the Seller provides advance performance to the Customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer.

Before accepting the assignment, PayPal or the commissioned payment service provider shall conduct a credit assessment using the transmitted customer data.

The Seller reserves the right to refuse the selected payment method if the credit assessment yields a negative result.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed installment schedule.

In this case, payment may only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect.

However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, such as questions regarding goods, delivery times, shipment, returns, complaints, withdrawal declarations, returns of withdrawn goods, or credit notes.

4.5

If a payment method offered through “Shopify Payments” is selected, payment processing shall be carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”).

The individual payment methods available through Shopify Payments shall be communicated to the Customer in the Seller’s online shop.

Stripe may use additional payment service providers for payment processing, for which separate payment conditions may apply. Customers may be informed separately of such conditions where applicable.

Further information regarding Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments

5) Delivery and Shipping Conditions

5.1

If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.

For the processing of the transaction, the delivery address specified during the Seller’s order process shall be decisive.

However, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2

If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.

This shall not apply to shipping costs if the Customer effectively exercises their statutory right of withdrawal.

In the event of a valid withdrawal, the provisions set out in the Seller’s Withdrawal Policy regarding return shipping costs shall apply.

5.3

If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods shall generally pass only upon delivery of the goods to the Customer or a person authorized to receive them.

Notwithstanding the foregoing, the risk shall pass to the Customer, even if the Customer is a consumer, as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, provided that the Customer has commissioned such carrier, freight forwarder, or person to carry out the shipment and the Seller has not previously designated that 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 shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence.

The Seller shall make all reasonable efforts to procure the goods.

In the event of non-availability or only partial availability of the goods, the Customer shall be informed without undue delay and any consideration already paid shall be refunded immediately.

5.5

Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, ownership of the delivered goods shall remain with the Seller until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

Unless otherwise stated in the provisions below, the statutory provisions governing liability for defects shall apply.

For contracts concerning the delivery of goods, the following shall apply:

7.1

If the Customer acts as an entrepreneur:

  • the Seller shall have the right to choose the method of subsequent performance;
  • the limitation period for claims relating to defects in new goods shall be one year from delivery of the goods;
  • claims relating to defects in used goods shall be excluded;
  • the limitation period shall not restart if a replacement delivery is made within the scope of warranty obligations.

7.2

The limitations of liability and reductions of limitation periods set out above shall not apply:

  • to claims for damages or reimbursement of expenses by the Customer;
  • where the Seller has fraudulently concealed a defect;
  • to goods which, in accordance with their usual use, have been used in a building and have caused its defectiveness;
  • to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods containing digital elements.

7.3

Furthermore, for entrepreneurs, any statutory rights of recourse shall remain unaffected by the foregoing provisions.

7.4

If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and notify defects pursuant to Section 377 HGB shall apply.

If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5

If the Customer acts as a consumer, they are requested to report any goods delivered with obvious transport damage directly to the carrier and to inform the Seller accordingly.

Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual warranty rights.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:

8.1

The Seller shall be liable without limitation on any legal grounds:

  • in cases of intent or gross negligence;
  • in cases of intentional or negligent injury to life, body, or health;
  • on the basis of a guarantee, unless otherwise stipulated with respect thereto;
  • under mandatory statutory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to Section 8.1 above.

Material contractual obligations are obligations whose fulfillment is essential to the proper performance of the contract and on whose compliance the Customer may regularly rely.

8.3

Any further liability on the part of the Seller shall be excluded.

8.4

The above provisions on liability shall also apply with regard to the liability of the Seller’s agents, employees, representatives, and other persons engaged in the performance of contractual obligations.

9) Applicable Law

9.1

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

For consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2

Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.