Terms & Conditions
- This set of general Terms and Conditions (hereafter referred to as “T&Cs”) of der Lumaland Vertriebs GmbH, Gormannstr 22, 10119 Berlin (hereafter referred to as “merchant”) are valid for all agreed upon contracts made with the merchant and a consumer or business (hereafter referred to as “customer”) for the delivery of goods as displayed by the WHERE TOMORROW online shop. The inclusion of the customer’s own conditions is hereby rejected, unless agreed otherwise.
1.2 A customer as defined in relation to this set of T&Cs is every natural person who completes a legal transaction independent of their status as a business or professional entity. A business as defined in relation to this set of T&Cs is a natural or legally - defined person, or a legally - defined partnership, who completes a legal transaction independent of their status as a business or professional entity.
- Conclusion of the Contract
2.1 The product descriptions contained in the merchant’s online shop do not represent binding offers on the part of the merchant but serve to submit a binding offer by the customer.
2.2 Customers can place their offer via the integrated online order form in the merchant’s online shop. Furthermore, and after the customer has placed their chosen goods in the virtual shopping basket and the electronic ordering process completed, the customer, by clicking the final buttons of the order process, gives a legally binding contractual offer in relation to the goods contained within this shopping basket. The offer can only be made and transmitted if the customer has accepted these T&Cs by clicking on the button "Accept T&Cs" and thereby included them in his offer.
2.3 The merchant will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out. The automatic acknowledgement of receipt merely documents that the order of the customer has been received by the merchant and does not constitute an acceptance of the application.
2.4 The merchant can accept the customer’s offer within five days:
- By giving the customer a written contract confirmation or a textual contract confirmation (fax or email), whereby the customer has reasonable access to such a contract confirmation
- By delivering the ordered goods to the customer, whereby the customer has reasonable access to the goods
- By requesting payment from the customer after the order has been placed.
If several of these already-named alternatives exist, the contract comes into relevance with at the time of the first option encountered. The period accepting the offer beings on the day after the offer has been sent by the customer and ends with the conclusion of the five-day period after which the offer has been sent. If the merchant does not accept the offer within the stated five-day period, this is valid as a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.5 When the offer is given via the merchant’s online order form, the text of the contract will be saved by the merchant after the completion of the contract and sent to the customer in textual form (e.g. by email, fax or letter). A further text of the contract need not be made available by the merchant. So long as the customer has set up a user account in the merchant’s online shop before sending their order, the order details will be archived on the merchant’s website, and can be recalled free of charge by the customer by using their password-protected user account and providing the relevant login credentials.
2.6 Before the binding submission of the order via the merchant’s online order form, the customer has the opportunity to be aware of any possible input errors by attentively reading the given information as it is presented on their screen. An effective method of making input errors more recognisable is by using the zoom function of the browsers, which helps make the information appear bigger on the screen. The customer can then, within the context of the electronic ordering process, correct this using the normal mouse and keystroke functions, until they click the final button in the order process.
2.7 The completion of the contract is available solely in German/English.
2.8 Order processing and the establishment of contact usually occurs per email by an automated email order process. The customer ensures that their given email address for the purpose of the order process is correct, so that emails sent by the merchant may be received by this address. The customer must especially ensure this in the case of use of spam filters, that emails sent by the merchant or parties commissioned for third-party order processing will be delivered.
- Right of cancellation
As the customer, you may revoke his contract statement within a period of fourteen days without giving a reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods.
To exercise the right of cancellation, the customer must provide us,
Lumaland Vertriebs GmbH, Gormannstr 22, 10119 Berlin, GERMANY, Phone +49 (0) 30-120840120, E-Mail: firstname.lastname@example.org with a clear explanation of the decision to withdraw from this contract (e.g., by means of writing to us by post, fax or email). You can use the enclosed model withdrawal form for this, but it is not mandatory.
In order to comply with the time limit for cancellation, it is sufficient to have conveyed your intention to exercise the right of cancellation to us before the withdrawal deadline by the means listed above.
Consequences of cancellation
If you withdraw from this contract, we will refund you any and all payments that we have received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a type of delivery other than the very low standard delivery offered by us) immediately, at the latest within fourteen days from the date on which we have received the message of your cancellation of this contract. For this refund, we will use the same payment method that you used for the initial transaction, unless you have explicitly agreed otherwise; in no case you will be charged fees for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods – depending on the earlier occasion.
You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract.
The deadline is met if you send the goods before the end of the 14-day period.
You shall bear the direct costs of the returned goods. You shall only be liable for any loss of value of the goods if this loss of value is due to an extent that is not necessary for testing the nature, properties and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Lumaland Vertriebs GmbH, Gormannstr 22, 10119 Berlin, GERMANY, Phone +49 (0) 30-120840120,
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
- Terms of Payment, Offsetting, Right of Retention
4.1 As insofar as the merchant’s product description doesn’t state otherwise, the given price is the total price inclusive of value added tax (VAT). Extra costs, such as delivery costs, will be mentioned separately in the product description, where applicable.
4.2 For orders, payments by instant bank transfer, online payment systems (Paypal and others), Mastercard and Visa are accepted. The payments are due upon conclusion of the contract.
4.3 If the customer is in default, interest on arrears can be charged at the statutory rate. Further damages caused by default remain unaffected by the assertion of default interests.
4.4 The customer shall only be entitled to set off against counterclaims if the counterclaims are undisputed or have been established as legally binding. This restriction shall not apply if and insofar as the counterclaims are based on defects in the goods delivered by the merchant.
4.5 The customer is only entitled to exercise a right of retention if the corresponding counterclaim is based on the same contractual relationship.
- Terms of Delivery
5.1 Delivery of goods follows from the delivery address given by the customer, unless otherwise agreed. During the processing of the transaction, the delivery address given to the merchant is decisive.
5.2 If the product selected by the customer is not available at the time of the customer's order, the merchant shall immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the merchant shall refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
5.3 If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.
5.4 If the transporter of the goods sends the goods back to the merchant because delivery to the customer was not possible, the customer will bear the cost of the return. This does not apply, however, if the customer is not responsible for the circumstances which led to the goods not being delivered, or if they were temporarily prevented from accepting the delivery of the goods, unless the merchant had given them prior notice of the delivery within a reasonable time period. Furthermore, the customer need not bear the cost of the return if they have exercised their right of withdrawal. If the customer has exercised their right of withdrawal, the merchant’s return policy will apply to the cost of the returned goods.
5.5 The goods are dispatched by post. The seller bears the shipping risk if the customer is a private consumer.
- Reservation of Ownership
If the merchant pays costs in advance, they retain full ownership of the goods until the owed costs of the goods have been paid in full.
- Liability for Defects (Warranty)
7.1 If the purchased goods are damaged, statutory warranty rights apply.
7.2 If the delivery object is subsequently taken to a place other than the agreed place of delivery and if this increases the expenses required for the purpose of subsequent performance, in particular transport and travel costs, these shall not be covered by the merchant. This restriction shall not apply if the transfer of the object of the delivery to a place other than the agreed place of delivery corresponds to its intended and contractually agreed use.
7.3 Damage caused by external influence or inappropriate handling is excluded from the liability for defects.
7.4 In all other matters, Section 8 (Liability) shall apply to claims for damages. Further claims of the customer against the merchant due to a defect or claims other than those covered by this clause are excluded.
8.1 The following exclusions and limitations of liability also apply to tortious claims, insofar as these compete with contractual claims.
8.2 The liability of the merchant for damages of any kind is excluded. This exclusion shall not apply
- for damages which the merchant has caused deliberately or by severe negligence;
- in cases of slight negligence for damages resulting from injury to life, body or health, as well as
- subject to the provisions of sections 8.3 and 8.4, for damages resulting from a violation of essential contractual obligations by the merchant. Substantial contractual obligations are all obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely.
8.3 In cases of negligent violation of essential contractual obligations, the liability of the merchant - with the exception of damage to life, body or health - is limited to the typical contractual damage predictable at the time of conclusion of the contract or at the time of the breach of duty.
8.4 The exclusions and limitations of liability in sections 8.1 to 8.4 shall also apply to the liability of the merchant's organs, employees or vicarious agents as well as to the personal liability of the merchant's organs, employees and vicarious agents.
8.5 The exclusions and limitations of liability in sections 8.1 to 8.5 shall not apply if insurance cover exists on the basis of a liability insurance policy. They also do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) insofar as liability for personal injury and property damage is provided under mandatory standards the Product Liability Act.
- Applicable Right
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws for internationally purchased goods. For customers, this choice of law only applies as insofar as these rights are not withdrawn by the laws of the country in which the customer has residence.
- Court of Jurisdiction
If the customer operates as a business, a public legal entity or a public legal fund with residence in the Federal Republic of Germany, the sole legal jurisdiction is Berlin as the contractual and legal residence of the merchant. If the customer is resident outside the jurisdiction of the Federal Republic of Germany, the legal residency of the merchant is the jurisdiction for any legal implications arising from this contract if contract or any contractual claims arise from the professional or commercial activities of the customer. In these cases, the merchant is entitled to appeal in the courts of the customer’s place of business.
- Alternative Dispute Resolution
10.1 The following link presents a platform for alternative dispute resolution, in accordance with the EU Commission: https://ec.europa.eu/consumers/odr
This online platform is a reference point for extrajudicial settlements regarding disputes arising from online purchases or service agreements in which the merchant is involved.
10.2 The merchant is neither obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.