Terms of service

Terms and Conditions with Customer Information

Table of Contents

  • Scope
  • Conclusion of the Contract
  • Right of Withdrawal
  • Prices and Payment Terms
  • Delivery and Shipping Terms
  • Retention of Title
  • Warranty
  • Liability
  • Redemption of Promotional Vouchers
  • Redemption of Gift Vouchers
  • Applicable Law
  • Alternative Dispute Resolution
  1. Scope

1.1 These Terms and Conditions (hereinafter "T&Cs") of ULILU GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These T&Cs apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer in the sense of these T&Cs is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade or independent professional activity.

1.4 An entrepreneur in the sense of these T&Cs is a natural or legal person, or a legally capable partnership, acting in the exercise of their trade or independent professional activity when concluding a legal transaction.

  1. Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After adding the selected goods to the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer concerning the goods in the shopping cart by clicking the button that completes the order.

2.3 The Seller may accept the Customer's offer within five days by:

  • Sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive, or
  • Delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
  • Requesting payment from the Customer after the order has been placed.

If multiple of the above alternatives apply, the contract is concluded at the moment one of the alternatives occurs first. The acceptance period begins the day after the Customer sends their offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment transaction is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under PayPal’s Terms of Use, which can be viewed at PayPal Terms or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, available at PayPal Privacy. By choosing a payment method offered by PayPal during the online order process, the Seller hereby accepts the Customer's offer at the moment the Customer clicks the button that completes the order process.

2.5 If the Customer selects the payment method "Amazon Payments," the payment transaction is processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe Terms of Service, which can be viewed at Amazon Payments Terms. By selecting "Amazon Payments" as the payment method, the Customer simultaneously issues a payment order to Amazon by clicking the button that completes the order process.

2.6 Upon submitting an offer through the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has placed their order. The contract text will not be made available to the Customer beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer via their password-protected user account using the corresponding login details.

2.7 Before the binding submission of the order via the online order form, the Customer can detect any input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic order process as long as they do not click the button that completes the order process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and communication generally occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or third parties involved in the order processing are delivered when using spam filters.

  1. Right of Withdrawal

3.1 Consumers generally have the right to withdraw.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instruction.

  1. Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices listed are total prices. No VAT is charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply, which the Seller is not responsible for and which the Customer must bear. These costs may include money transfer fees by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also apply when the delivery is not to a country outside the European Union but the payment is made from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded unless the parties have agreed on a later due date.

4.5 When choosing a payment method offered through "Shopify Payments," the payment transaction is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods available through Shopify Payments will be communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments, which may have special payment terms that the Customer will be informed of separately. Further information on "Shopify Payments" can be found on the internet at Shopify Payments Terms.

  1. Delivery and Shipping Terms

5.1 If the Seller offers shipping, the delivery will be made within the specified delivery area to the address provided by the Customer, unless otherwise agreed. In the case of order processing, the delivery address specified during the order process is decisive. In case of PayPal payment, the address registered by the Customer at PayPal at the time of payment is decisive.

5.2 If the delivery of goods fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the shipping costs if the Customer exercises their right of withdrawal. The return shipping costs are governed by the Seller’s withdrawal instruction in the case of valid withdrawal.

5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the goods passes to the Customer as soon as the Seller has handed the goods over to the carrier or the person or institution designated to perform the shipment. If the Customer is a consumer, the risk of accidental loss or deterioration of the goods passes to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. However, the risk also passes to the Customer as soon as the goods are handed over to the carrier or the designated person if the Customer has appointed the carrier or the institution and the Seller did not name them in advance.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific coverage transaction with the supplier with due care. The Seller will make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of goods, the Customer will be informed immediately, and any payments made will be refunded without delay.

5.5 Self-pickup is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

  • By email
  1. Retention of Title

If the Seller provides the goods in advance, the Seller retains ownership of the delivered goods until the full purchase price has been paid.

  1. Warranty

If not otherwise stated in the following provisions, the statutory warranty provisions apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur:

  • The Seller has the choice of the type of subsequent performance;
  • The limitation period for warranty rights for new goods is one year from delivery of the goods;
  • Warranty rights for used goods are excluded;
  • The limitation period does not restart if a replacement delivery is made within the scope of warranty.

7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the exception of the following paragraph: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties and the customer was informed of the reduction of the limitation period before making the declaration of contract.

7.3 The above liability limitations and period reductions do not apply:

  • for claims for damages and reimbursement of expenses by the customer,
  • if the seller has fraudulently concealed the defect,
  • for goods that have been used according to their usual method for a construction project and have caused its defects,
  • for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any potential statutory recourse claims remain unaffected.

7.5 If the customer acts as a merchant under § 1 HGB (German Commercial Code), the customer is subject to the commercial duty of inspection and complaint according to § 377 HGB. If the customer fails to fulfill the notification duties set forth therein, the goods are considered approved.

7.6 If the customer acts as a consumer, they are asked to report any obvious transport damage of delivered goods to the carrier and inform the seller of this. If the customer fails to do so, it has no impact on their statutory or contractual claims for defects.

  1. Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable in case of:

  • Intent or gross negligence,
  • Intentional or negligent injury to life, body, or health,
  • A guarantee promise, unless otherwise specified,
  • Mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, the liability is limited to the typical, foreseeable damage of the contract, unless unlimited liability is stated in the previous clause. Material contractual obligations are those that the contract imposes on the seller to achieve the contractual purpose, whose fulfillment is necessary for the proper execution of the contract, and on whose compliance the customer can regularly rely.

8.3 In all other cases, the seller’s liability is excluded.

8.4 The above liability provisions also apply to the seller’s liability for its agents and legal representatives.

  1. Redemption of Promotional Vouchers

9.1 Vouchers issued by the seller in the context of promotional actions with a specified validity period, which cannot be purchased by the customer (hereinafter "Promotional Vouchers"), can only be redeemed in the seller's online store and only within the specified period.

9.2 Specific products may be excluded from the voucher promotion, provided such a restriction is indicated in the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least match the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher does not cover the total order amount, the customer can select one of the other payment methods offered by the seller to settle the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods partially or fully paid for with the promotional voucher under their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder redeeming the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of authorization of the respective holder.

  1. Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the seller’s online store unless the voucher states otherwise.

10.2 Gift vouchers and any remaining balance of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order amount, the customer can select one of the other payment methods offered by the seller to settle the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder redeeming the gift voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of authorization of the respective holder.

  1. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. This choice of law applies to consumers only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

  1. Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is not obligated to participate in a dispute resolution process before a consumer arbitration board, but is willing to do so.