General terms and conditions of business

§ 1 Scope of application, contract language, formal requirements

1. The present General Terms and Conditions (hereinafter " GTC ") apply to all purchase contracts concluded between you as a buyer (hereinafter " Buyer " or " Customer ") and us as the seller via the online shop https://luo-pan.com/ about the delivery of goods.  
2. All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our order confirmation and our declaration of acceptance.  
3. All offers, sales contracts and deliveries based on and in connection with orders and purchases by the customer via our online shop are subject to these General Terms and Conditions. The customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.  
4. In individual cases, individual agreements made with the customer (including ancillary agreements, supplements and changes) always take precedence over these GTC. Subject to proof to the contrary, a contract or our confirmation in text form is decisive for the content of such agreements.  
5. The GTC apply in particular to contracts for the sale and delivery of lifestyle products (hereinafter " goods "), regardless of whether we manufacture or refurbish the goods ourselves or buy them from suppliers (§§ 433, 651 BGB).  
6. The language available for the conclusion of the contract is German.  
7. Legally relevant declarations and notifications by the customer in relation to the contract (e.g. revocation, setting a deadline, notification of defects, withdrawal or reduction) must be submitted in text form (e.g. letter, e-mail, fax).  

§ 2 Applicable law, mandatory consumer protection regulations

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention if  

(a) Your habitual residence is in Germany  

have, or  

(b) Your habitual residence is in a country that is not a member of the European Union.  

(2) In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, although mandatory provisions of the state in which you have your habitual residence remain unaffected.  

§ 3 Provider identification

is your contractual partner  

 

Amira Coll Exposito  

Owner Mrs. Amira Coll Exposito   

(hereinafter “ Seller ”, “ us ”, or “ we ”)  

At the church  

14476 Brandenburg-Potsdam  

Germany  

 Contact  

Email: shop@feng-shui.de

 

Small business according to § 19 UStG  

§ 4 Conclusion of contract

1. As a customer, you have the option of selecting products from our range, in particular calendars, singing bowls, compasses, art, incense sets and sculptures, and collecting them in a virtual shopping cart using the "Add to shopping cart" button. The "Check out" button that is then displayed takes you to an input mask in which you can enter your contact details and the delivery address. You can then use the "Continue to shipping" button to check your delivery address and choose a shipping method. You then have the option of choosing a payment method by clicking on the “Continue to payment” button that follows. By clicking the "Buy now" button at the end of the ordering process, you submit a binding request to purchase the goods in the shopping cart. You can change and view the data at any time before sending the order. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.  
2. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (confirmation of contract ). The text of the contract is stored in compliance with data protection and can be viewed in our customer login.  

§ 5 Correction notice / input errors

Before submitting your order, you can check your entries using the technical means provided by your browser. You can make corrections directly on the previous offer or order page in the corresponding input fields using the usual keyboard and mouse functions (back button of your browser). An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. After clicking the "Buy now" button, a correction is no longer possible. However, you can also correct your entries here by using the back function of your browser. You can also correct input errors by canceling the ordering process completely and restarting it.  

§ 6 Storage of the text of the contract

After the conclusion of the contract, you will be sent a summary of the goods ordered, including these General Terms and Conditions and the cancellation policy, by email. The text of the contract is also stored in compliance with data protection and can be viewed in our customer login.  

§ 7 Prices and terms of payment

1. All stated prices are final prices in euros (€) including packaging costs. The seller falls under the small business regulation according to § 19 Abs. 1 UStG, so that sales tax is neither shown nor calculated. Shipping costs are shown separately.  
2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal.  
3. The goods are dispatched by post. The seller bears the shipping risk if the customer is a consumer.  
4. In the event of a cancellation, the customer must bear the direct costs of the return shipment.  
5. The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case he has to pay the seller interest on arrears in the amount of 5 percentage points above the base interest rate for the year.  
6. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.  
7. The following payment methods are generally available in our online shop:  

 

Payment in advance  

If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.  

Credit card  

In the ordering process you enter your credit card details.  

Your card will be charged immediately after placing the order.  

SEPA Direct Debit

By submitting the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called pre-notification). A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.  

PayPal

In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order.  

The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.  

PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.  

Amazon Pay

In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction is carried out within one bank business day after placing the order. A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.  

Klarna  

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.  

Klarna credit card Enter your credit card details in the ordering process. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.  

Klarna direct debit You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called pre-notification). The account will be debited after the goods have been shipped.  

§ 8 Retention of title

The goods remain our property until full payment. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.  

Section 9 Offsetting; right of retention

You are only entitled to offset against our claims if your claims have been legally established, we have recognized them or if your claims are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.  

§ 10 Terms of Delivery

1. We only deliver within the European Union and Switzerland.  
2. Subject to a deviating individual agreement, the delivery of goods takes place on the shipping route to the delivery address specified by the customer. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.  
3. The risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer at the point in time when we have delivered the goods to the freight forwarder, carrier or other person or entity responsible for carrying out the shipment, provided that the customer commissions the freight forwarder, freight carrier or other person or entity responsible for carrying out the shipment and we assign this person to the customer or institution have not previously named.  
4. If the transport company sends the shipped goods back to us because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless we give the customer a reasonable time to deliver the goods had previously announced. With regard to the shipping costs, this does not apply if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the regulation made in the following cancellation policy applies to the return costs.  
5. Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 7 days.  
6. If no copies of the goods selected by the customer are available at the time the customer places their order, we will inform the customer of this immediately in the order confirmation. If the goods are permanently not available, the seller refrains from a declaration of acceptance. A contract is not concluded in this case.  
7. If the goods specified by the customer in the order are only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation.  
8. If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

§ 11 Right of withdrawal

1. As a consumer, you have a statutory right of withdrawal in accordance with the instructions on withdrawal given below . A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.  

Right of withdrawal  

You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.  

 

In order to exercise your right of withdrawal, you must inform us  

 

Amira Coll Exposito  

Owner Mrs. Amira Coll Exposito  

At the church  

14476 Brandenburg-Potsdam  

Germany  

Contact  

Email: shop@feng-shui.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.  

Consequences of revocation  

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.  

End of revocation  

2. To exercise your right of withdrawal, you can use the following model withdrawal form, which is not mandatory.  

Sample withdrawal form  

(If you want to revoke the contract, please fill out this form and send it back.)  

 

At  

Amira Coll Exposito  

Owner Mrs. Amira Coll Exposito  

At the church  

14476 Brandenburg-Potsdam  

Germany  

Contact  

Email: shop@feng-shui.de

 

- I/we hereby revoke (*)

that of me/us (*)

concluded contract for the purchase of the following Were (*)

/  the provision of the following service (*)  

Ordered on (*)/received on (*)  

Name of consumer(s)  

 Address of consumer(s)  

 Signature of consumer(s) (only if notification is on paper)  

 Date  

 

(*) Delete where not applicable.  

 

§ 12 Rights in case of delay and defects; Liability

(1) If the delivered goods do not  

(a) meets subjective requirements, i.e. does not have the quality agreed between you and us or is not suitable for the use stipulated in our contract or is not handed over with the agreed accessories and the agreed instructions, such as assembly and installation instructions,  

(b) meets objective requirements, i.e. is not fit for normal use, or does not have a quality that is usual for things of the same kind or that the buyer can expect, taking into account the kind of thing and/or the public statements made by given to the seller or another link in the contract chain or on their behalf, in particular in the advertising or on the label, or does not correspond to the quality of a sample or model which we made available to you before the conclusion of the contract or not is delivered with the accessories, including the packaging, assembly or installation instructions and any other instructions that the buyer can expect to receive, or  

(c) meets assembly requirements (if assembly is to be carried out),  

we are obliged to subsequent performance.  

3. Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximately authoritative, unless we have expressly designated the information contained therein as binding; in this respect, deviations in the delivered goods do not represent a defect in the objective requirements of the goods within the meaning of the preceding paragraph. The same applies if we have expressly and separately agreed a deviation from the objective requirements for the goods with you.  

(3) We are not obliged to provide subsequent performance if we are entitled to refuse subsequent performance based on statutory regulations.  

(4) You can choose whether to rectify the defect (rectification) or deliver new goods (subsequent delivery). You must make the goods available to us for the purpose of supplementary performance. Furthermore, you must grant us a reasonable period of time for supplementary performance. You are not entitled to reduce the purchase price or withdraw from the contract during the supplementary performance. If we have tried to rectify the defect twice in vain, this shall be deemed to have failed. If the supplementary performance has failed, you are entitled to choose between reducing the purchase price or withdrawing from the contract.  

(5) The statutory warranty period is 2 years. We reserve the right to shorten the warranty period for used goods to 1 year by separate agreement. The agreement is only effective if you as a consumer have been specifically informed of the shortening of the limitation period before submitting your contract declaration and the shortening of the limitation period has been expressly and separately agreed in the contract.  

(5) You can only assert claims for damages due to a defect if subsequent performance has failed. Your right to assert further claims for damages in accordance with the following paragraphs remains unaffected.  

(6) We are liable in accordance with the statutory provisions for damage to life, limb and health that is based on a culpable breach of duty by us, our legal representatives or our vicarious agents. Furthermore, we are liable according to the statutory provisions for other damages that are based on intentional or grossly negligent breaches of contract as well as fraudulent intent on our part, our legal representatives or our vicarious agents. As far as the area of ​​application of the Product Liability Act is open, we are fully liable according to its regulations. We are also liable within the scope of a quality and/or durability guarantee if we have given such a guarantee for the delivered goods. If damage occurs which is based on the fact that the quality or durability guaranteed by us is missing and this damage does not occur directly on the goods delivered by us, we are only liable for this if the risk of such damage is evident from our quality - and durability guarantee is included.  

(7) Is damage due to delay or a defect based on the simply negligent breach of an essential contractual obligation, i.e. the simply negligent breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the buyer can regularly rely (such as the timely delivery of the goods), our liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. The same applies if you are entitled to claims for damages instead of performance.  

 § 13 Note on the Packaging Act

Sales packaging that the customer receives from us can be disposed of via the dual system because we ourselves are participants in the dual system in Germany. Public collection points and/or systems for waste paper, for example, or disposal options provided for this purpose depending on the material of the packaging (usually the “yellow sack” and/or the “yellow bin”) are used for taking back.  

 § 14 Final Provisions, Note on Online Dispute Resolution (ODR)

(1) The General Terms and Conditions written here are complete and final. Changes and additions should be made in text form in order to avoid ambiguity or disputes between the parties about the agreed content of the contract.  

(2) If you had your domicile or habitual residence in Germany when the contract was concluded and either relocated from Germany at the time we filed a lawsuit or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is our place of business in Potsdam.  

(3) We would like to point out that in addition to the ordinary legal process, there is also the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and on the online dispute resolution platform (ODR) provided by the European Commission at the Internet address: http://ec.europa.eu/consumers/odr  

Our e-mail address is: shop@feng-shui.de

According to § 36 VSBG, we point out that we are not obliged and not willing to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.