|Terms & Conditions|
§ 1 General Information
Your contractual partner for all orders within the scope of this online offer is Loonybeam Design, represented by its owner: Anja Vollmar, Siegmund-Bergmann-Straße 7, 91217 Hersbruck, Germany.
All deliveries from Loonybeam to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Loonybeam and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Loonybeam has agreed to them in writing.
§ 2 Responsibility for Online Offer
Loonybeam is responsible for the articles and motifs and the articeldesigns offered in the onlinestore as well as the design of the shop.
§ 3 Conclusion of the Contract
The „offers" contained on the website represent a non-binding invitation for the customer to place an order at the Loonybeam online store.
By filling in and sending off the order form on the Internet, the customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The ordering process is currently possible in german and english language.
Loonybeam sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties.
The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Loonybeam.
The contract only materialises when Loonybeam dispatches the product ordered to the customer and confirms the dispatch to the customer with a second e-mail (shipping confirmation).
The conclusion of the contract shall depend on punctual and correct supply of the goods to Loonybeam. This proviso shall not apply in the event of short-term disruption to deliveries or if Loonybeam can be held responsible for non-delivery, in particular if Loonybeam fails to make a congruent hedging transaction in good time. The customer will be informed immediately that the service is not available. If customer has already paid for the goods, this money will be reimbursed.
§ 4 Delivery / Shipment
Delivery is made within 30 days from the date when Loonybeam receives the payment. the processing of the order starts when payment received. The order will be cancelled if there is no payment received within two weeks after order confirmation. Delivery dates and times are only binding if they are expressly confirmed as such by Loonybeam in writing. Delivery is available to Germany as well as some european countries: More information can be found at www.loonybeam-design.com
Delivery shall be conducted by a shipment service provider chosen by Loonybeam. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to.
§ 5 Prices
For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.
For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
Purchase price, along with shipping and handling charges are immediately payable, without deduction.
§ 6 Payment
Payment will be carried out according to the customer´s choice of either direct debit payment or paypal. Loonybeam reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
§ 7 Conditional Sale
Up to the payment of any monies owed to Loonybeam the goods remain the property of Loonybeam. If the customer is a merchant according to the German Commercial Code (HGB), Loonybeam remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
The customer has the obligation to handle the product with care up to the transfer of ownership.
§ 8 Guarantee
Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Loonybeam for the correctness of this information. Regarding type and
scope of delivery only the information shall be decisive which is contained in the order confirmation.
As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
In the case of return shipments due to defects Loonybeam will also pay for the cost of postage.
Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Loonybeam shall not be liable for the continuous and uninterrupted availability of the online offer.
The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
§ 9 Limitation of Liability
Apart from that, liability on the part of Loonybeam follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Loonybeam only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Loonybeam also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Loonybeam´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of Loonybeam according to the German Product Liability Act remains unaffected by the abovementioned provisions.
As far as liability ofLoonybeam is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Loonybeam.
§ 10 Notice and information about consumers' right to cancel
as defined by § 13 BGB (German Civil Code)
Notice of the right to cancel
You are entitled to cancel your order in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons or – if the goods have been delivered to you before the end of that period – by returning the goods within 14 days. The period begins following receipt of this notice in writing, however not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first part delivery) and also not before performance of our duties to inform in accordance with article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our duties in accordance with § 312e Para. 1 Sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The cancellation period shall be deemed to be observed if the cancellation or the goods are sent in good time. The cancellation is to be sent to:
Consequences of cancellation
In case of an effective cancellation, any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods to us or only in a deteriorated condition, you must compensate us accordingly. This does not apply to the delivered goods if the deterioration in their condition is solely due to your checking them – as you would be able to in a shop. Otherwise, you can avoid the obligation to pay compensation for any deterioration resulting from proper intended use of the goods by not using them as if they were your property and by avoiding any activity which could adversely affect their value. Goods which can be sent as a parcel are to be returned at our risk. You have to pay the costs of the return if the delivered goods are as ordered and if the price of the goods to be returned does not exceed 40 Euro or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. For you the period begins when you send your notice of cancellation or the goods, for us it begins on receipt. Unfranked returns will not be accepted.
End of the notice of the right to cancel
According to § 312d Para. 4 No. 1 BGB, the right to cancel does not exist for goods produced to the customer's specifications or which are clearly tailored to the customer's personal needs. As Loonybeam operates according to the principle of fairness, exceptions are possible.
§ 11 Copyrights to Print Designs, Release from Liability
Loonybeam is the creater and owner of all offered designs. these designs are protected by copyright and to use them in any way without the approval of Loonybeam is not permissible.
§ 12 Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer.
Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
§ 13 Data Protection
Loonybeam uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Loonybeam for fulfillment and handling of the contract. This data is treated confidentially
and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Loonybeam has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and
deletion of their personal data, insofar as there is no legal obligation to retain such data.
§ 14 Place of Jurisdiction – Place of Fulfillment – Choice of Law
Place of fulfillment for all services is the place of business of Loonybeam in Hersbruck. As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Hersbruck is the place of general jurisdiction. In such case, Loonybeam is also entitled to sue the customer according to the opinion of Loonybeam at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.