A. General Terms and Conditions

1. Scope of Application
1.1 The following General Terms and Conditions (GTC) apply to all contracts between Tischdecken-Shop Libusch, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster (hereinafter: "Seller") and consumers and entrepreneurs (hereinafter: "Customers") regarding the goods offered by the Seller in the online shop tischdecken-shop.libusch.de. The Customer’s terms and conditions shall not become part of the contract, even if the Seller does not expressly object to them or remains silent regarding their inclusion.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or self-employed professional activity.

2. Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
2.2 The Customer makes a binding offer to enter into a purchase contract by completing the order process via the order form integrated in the online shop. To do so, the Customer must place the desired item in the “shopping cart”, then proceed to checkout by clicking the “Checkout” button. By clicking the “Order with obligation to pay” button on the order summary page, the Customer submits a legally binding offer to purchase the items contained in the shopping cart at the specified price plus any additional charges such as shipping costs. All price components and the total order value are displayed in the order summary.
2.3 In order to place a binding order, the Customer must accept the General Terms and Conditions beforehand.
2.4 Confirmation of receipt of the order is sent automatically by email immediately after the order has been submitted. With this confirmation email, the Seller accepts the order, and the purchase contract is concluded.
2.5 If the Customer selects “PayPal” or “Credit Card” as the payment method, they will be redirected to the respective payment provider’s page before completing the order. The Customer must then confirm their binding order by clicking the “Order with obligation to pay” button on the tischdecken-shop.libusch.de page.
2.6 The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is carried out by email, partly in an automated manner. Therefore, you must ensure that the email address you have provided to us is correct and that receipt of emails is technically ensured and not blocked by spam filters.

3. Seller’s Right of Withdrawal
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and any payments made will be refunded without delay.

4. Prices and Shipping Costs
4.1 The prices stated in the online shop include statutory value-added tax (VAT).
4.2 Any additional shipping costs are specified separately.
4.3 For orders with a value of €99.00 or more, delivery within the Federal Republic of Germany is free of shipping charges. If the order value falls below €99.00 after partial cancellation, the free shipping benefit no longer applies.

5. Terms of Payment

5.1 The prices listed in each offer as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are displayed separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3 If delivery is made to countries outside the European Union, additional costs may arise that are beyond our control, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which must be borne by you.
5.4 Any costs incurred for money transfers (bank transfer or exchange rate fees charged by credit institutions) must be borne by you if the delivery is made to an EU Member State but the payment is initiated from outside the European Union.
5.5 The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.

6. Delivery
6.1 The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold goods during shipment does not pass to you until the goods have been handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or other person not named by the entrepreneur to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Transfer of Risk
The place of performance is the Seller’s place of business if the Customer is not a consumer. If the Seller dispatches goods to Customers who are not consumers, the risk passes to the carrier upon delivery of the goods. If the Seller dispatches goods to Customers who are entrepreneurs, the risk passes to the carrier upon delivery of the goods. In the case of consumers, the Seller bears the risk of damage during transport.

8. Return Costs in the Event of Withdrawal
If the Customer exercises their right of withdrawal, they shall bear the regular costs of return shipping unless the delivered goods do not correspond to the ordered goods.

9. Warranty
For consumers, the statutory warranty provisions apply. For entrepreneurs, the limitation period for claims for defects in the goods is one year from the transfer of risk. The statutory limitation periods for the recourse claim under Section 478 of the German Civil Code (BGB) remain unaffected; the same applies in the case of intentional or grossly negligent breach of duty by the Seller and in the case of fraudulent concealment of a defect.

10. Retention of Title
10.1 For consumers: The goods remain the property of the Seller until full payment has been received.
10.2 For entrepreneurs: The goods remain the property of the Seller until full payment has been received. Furthermore, the Seller retains ownership until all claims arising from the business relationship with the Customer have been fulfilled. The Customer may neither pledge items subject to retention of title nor assign them as security. Resale in the ordinary course of business is permitted only on the condition that the Customer has effectively assigned to the Seller its claims against its buyers arising from the resale and that the Customer sells the goods to its buyer subject to retention of title. By concluding the contract, the Customer assigns its claims arising from such sales against its buyers to the Seller as security, and the Seller accepts this assignment simultaneously.

11. Set-off and Right of Retention
For entrepreneurs: The Customer is only entitled to set-off if the counterclaim is undisputed, legally established, or acknowledged by the Seller. A right of retention may be exercised by the Customer only insofar as it relates to claims arising from the same contractual relationship.

12. Applicable Law
All legal relationships between the contracting parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13. Place of Jurisdiction
For entrepreneurs: If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. The same applies if the Customer has no general place of jurisdiction in Germany or if their residence or habitual place of abode is not known at the time the action is filed. The right to bring an action before another court having legal jurisdiction remains unaffected.
 

B. Right of Withdrawal / Customer Information

I. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (Tischdecken-Shop Libusch, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster, info@libusch.de, phone: (0251) 60656913, fax: (0251) 6743675) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email).
You may use the attached sample withdrawal form, but it is not mandatory. If you make use of this option, we will immediately (e.g. by email) send you confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this repayment. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods back 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 handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the Withdrawal Instructions.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

- To Tischdecken-Shop Libusch, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster, info@libusch.de
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is submitted on paper)
- Date
(*) Delete as appropriate

Withdrawal Form (PDF)

Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

II. Customer Information

1. Identity of the Seller
Tischdecken-Shop Libusch
Dr. Gerlinde Lütke Notarp
Lohausweg 30
48145 Münster
Phone: 0251/60656913
Fax: 0251/6743675
E-mail: info@libusch.de
Tax number: 336/5006/4955
VAT ID No.: DE258802436

2. Essential Characteristics of Goods/Services
The essential characteristics of the goods/services can be found in the respective product descriptions. The goods to which the purchase contract relates are again listed in the shopping cart and on the order page.

3. Conclusion of the Contract
Section 2 of the General Terms and Conditions explains the conclusion of the contract.

4. Technical Steps Leading to Contract Conclusion
4.1 On the overview and product detail pages, the Customer can select the respective product for ordering by clicking the “Add to cart” button. Once the Customer has added the desired goods to the shopping cart, they can view them in the cart. From the “Shopping Cart” page, the Customer proceeds to the next step by clicking “Continue to the next step”. The Customer can then log in to an existing customer account using their username and password, create a new customer account, or proceed with the order as a guest without creating an account. After entering personal data and selecting the shipping and payment method, the Customer is taken to the order overview page. On this page, the ordered goods and the total price including shipping costs are displayed once more. The order can only be submitted after the Customer confirms acceptance of the General Terms and Conditions by checking the corresponding box.
By clicking the “Order with obligation to pay” button, the Customer submits a binding contractual offer.
4.2 If “PayPal” is selected as the payment option, the Customer is redirected to the PayPal page before clicking “Order with obligation to pay.” After completing the payment instruction, the Customer is redirected back to the shop page.
4.3 If “Credit Card” is selected as the payment option, the Customer is redirected to the respective credit card provider’s page after clicking “Order with obligation to pay.” After the payment instruction is completed, the Customer is redirected back to the shop page.
4.4 The acceptance of the Customer’s contractual offer by the Seller takes place in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).

5. Detecting and Correcting Input Errors Before Submitting the Order
On the “Shopping Cart” page, the Customer is shown the quantity and price of the goods placed in the cart. Before submitting the binding order, the Customer can change the quantity or remove items from the cart by clicking on the quantity field or the “Remove” button. The Customer must then click the “Update Cart” button for the changes to take effect.

6. Storage and Access to the Contract Text
After conclusion of the contract, the contract text is stored by the Seller. The contract text is also sent to the Customer by email no later than upon acceptance of the offer. If the Customer has created a customer account prior to placing the order, the contract text can be accessed free of charge by the Customer through their password-protected customer account using their login details.

7. Contract Language
The contract language is German.

Status: March 14, 2022