1. Area of application
The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. contracting party, conclusion of contract, correction possibilities
The purchase contract is concluded with Hilaritas GmbH.
The presentation of the products in the online store does not represent a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English.
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. delivery conditions
Shipping is free of charge.
In principle, you have the option of persoanlly collection your order at the LSD.store in Torstraße 37, 10119 Berlin-Mitte, Germany from Monday to Saturday between 11:30 a.m. and 08:00 p.m.
5. payment
In our store, the following payment methods are generally available to you:
Bank Transfer and Cryptocurrencies.
6. reservation of ownership
The goods remain our property until full payment.
7. transport damages
If goods are delivered with obvious transport damage, please claim such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. warranty and guarantees
Unless otherwise expressly agreed below, the statutory warranty for defects shall apply.
In the case of used goods, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact terms and conditions can be found in each case with the product and on special information pages in the online store.
Customer service: Inquiries
9. LIABILITY
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Terms of Service (TOS) created with rechtstexter.de.
