Terms of Service

Table of Contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Warranty for defects
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Alternative dispute resolution

1. Scope of application

   1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of LOWERWORX - Sascha Fuchs (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed. 1.2 These GTC also apply to contracts for the delivery of vouchers, unless something different is regulated in this respect. 1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. 1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
   
   
   

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 to submit a binding offer by the Customer. 2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After the Customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. 2.3 The Seller can accept the Customer's offer within five days by sending the Customer a written order confirmation or a confirmation of the order in text form (fax or email), with the receipt of the order confirmation being decisive for this purpose, or by delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive for this purpose, or by requesting payment from the Customer after the Customer has placed his order.
   
   If several of the above alternatives are present, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent. 2.4 If a payment method offered by PayPal is selected, payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online order process, the Seller already declares acceptance of the Customer's offer at the point in time when the Customer clicks the button that concludes the ordering process.
   
   2.5 When submitting an offer through the seller's online order form, the seller will store the text of the contract after the conclusion of the contract and will send it to the customer in text form (e.g. email, fax or letter) after the customer has sent the order. The seller will not make the contract text accessible beyond this. If the customer has set up a user account on the seller's online shop before sending the order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via the corresponding login data on the customer's password-protected user account.
   
   2.6 Before submitting a binding order using the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better identify input errors may be the browser's magnification function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct his or her entries using the usual keyboard and mouse functions until he or she clicks the button that completes the ordering process.
   
   2.7 German and English are available for the conclusion of the contract.
   
   2.8 The order processing and contact will usually take place via email and automated order processing. The customer must ensure that the email address provided by him or her for order processing is accurate so that the emails sent by the seller can be received at that address. 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 right of withdrawal.
   3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
   3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of any European Union member state and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
   
   
   

4. Prices and Payment Conditions

   4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

   4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that the seller is not responsible for and that the customer must bear. These may include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties or taxes (e.g. customs duties). Such costs may also be incurred with regard to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

   4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

   4.4 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

   4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the online store of the seller. To process payments, Stripe may use other payment services for which special payment terms may apply, and which the customer may be separately informed about. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

   4.6 If the payment method credit card is selected, the invoice amount becomes due immediately upon conclusion of the contract. The processing of credit card payments is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with discharging effect. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even when the payment method credit card is selected via secupay AG, the provider remains responsible for general customer inquiries, such as those related to the goods, delivery time, shipping, returns, complaints, revocation statements and returns, or credits.

   4.7 If the payment method credit card via Stripe is selected, the invoice amount becomes due immediately upon conclusion of the contract. The payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.

   4.8 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information on this and the conditions of Klarna can be found in the payment information of the seller, which can be viewed https://lowerworx.com/pages/klarna .

5. Delivery and Shipping Conditions

   5.1 If the seller offers to ship the goods, the delivery will be made to the address specified by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address specified by the seller in the order processing shall be authoritative for the transaction. However, if the payment method chosen is PayPal, the delivery address specified by the customer at the time of payment with PayPal shall be authoritative.
   
   5.2 If the delivery of the goods fails due to reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller. This shall not apply to the costs for the outbound shipment if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made by the seller in the revocation instruction shall apply if the customer effectively exercises his right of withdrawal.
   
   5.3 If the customer acts as a business entity, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass to the customer until the goods have been handed over to the customer or to a person authorized to receive them. However, if the customer has instructed the carrier, freight forwarder, or other person or institution designated to carry out the shipment, and the seller has not previously notified the customer of this person or institution, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
   
   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 non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. 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 promptly informed and the consideration shall be promptly refunded.
   
   5.5 Self-collection is not possible for logistical reasons.

6. Reservation of Title

   6.1 If the seller makes an advance payment, they reserve the right to ownership of the delivered goods until the full payment of the purchase price is made.
   
   
   

7. Warranty

   7.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. However, in the case of contracts for the delivery of goods, the following applies:
   
   6.1 If the seller makes an advance payment, they reserve the right to ownership of the delivered goods until the full payment of the purchase price is made.

   7.2 If the customer is acting as a business, the seller has the choice of the type of subsequent performance, and for new goods, the limitation period for defects is one year from the delivery of the goods. For used goods, rights and claims for defects are excluded, and if a replacement delivery is made within the framework of liability for defects, the limitation period does not start anew.

   7.3 The liability limitations and reduction of limitation periods stated above do not apply to the customer's claims for damages and reimbursement of expenses, if the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their usual intended purpose and have caused its defectiveness, or for the seller's obligation to provide updates for digital products in contracts for the delivery of goods with digital elements.

   7.4 In addition, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

   7.5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to examine and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with these notification obligations, the goods are deemed approved.

   7.6 If the customer is a consumer, they are requested to report any obvious transport damage to the carrier and inform the seller thereof. Failure to do so has no effect on their statutory or contractual claims for defects.
   
   
   

8. Redemption of Promotional Vouchers

   8.1 Vouchers that are issued free of charge by the seller within the scope of promotional campaigns with a certain validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

   8.2 Individual products may be excluded from the voucher campaign if such a restriction arises from the content of the promotional voucher.

   8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

   8.4 Only one promotional voucher can be redeemed per order.

   8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

   8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

   8.7 The credit of a promotional voucher will not be paid out in cash or earn interest.

   8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the framework of his statutory right of revocation.

   8.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
   
   
   

9. Redemption of gift vouchers

   9.1 Vouchers that can be purchased through the online shop of the seller (hereinafter "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise specified on the voucher.

   9.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

   9.3 Gift vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.

   9.4 Only one gift voucher can be redeemed per order.

   9.5 Gift vouchers can only be used to purchase goods and not for the purchase of further gift vouchers.

   9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

   9.7 The balance of a gift voucher will not be paid out in cash or interest.

   9.8 The gift voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the gift voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authority of representation of the respective holder.
   
   
   

10. Applicable law

    10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

    10.2 Furthermore, this choice of law shall not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

11. Alternative dispute resolution

    11.1 The European Commission provides a platform for online dispute resolution (ODR) which can be accessed via the following link: https://ec.europa.eu/consumers/odr

    This platform serves as a point of entry for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

    11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.