MyLoodus

General Terms and Conditions with customer information

Note. These terms apply to contracts for goods in the Seller's online shop. The public product-trace pages, which display a published product journey, are not a shop and are not governed by these terms.

Table of contents

  1. Scope of application
  2. Conclusion of the contract
  3. Right of withdrawal
  4. Prices and payment conditions
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Applicable law
  10. Place of jurisdiction
  11. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of MyLoodus GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or a trader (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in the Seller's online shop. The inclusion of the Customer's own conditions is objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade, business, or profession.

1.3 A trader within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who or which, when entering into a legal transaction, acts in exercise of that person's trade, business, or profession.

2) Conclusion of the contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller. They invite the Customer to submit a binding offer.

2.2 The Customer may submit the offer through the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual basket and going through the electronic order process, the Customer submits a legally binding contractual offer for the goods in the basket by clicking the button that completes the order process.

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), in which case receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed the order.

If more than one of the above alternatives occurs, the contract is concluded at the time the first of them occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within that period, this is deemed a rejection of the offer, and the Customer is no longer bound by the declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by a PayPal payment method that can be selected in the online order process, the Seller already accepts the Customer's offer at the moment the Customer clicks the button that completes the order process.

2.5 When an order is placed through the Seller's online order form, the Seller stores the text of the contract after the contract is concluded and sends it to the Customer in text form (for example email, fax, or letter) after the Customer has sent the order. The Seller does not make the text of the contract available beyond that. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data are archived on the Seller's website and can be retrieved free of charge by the Customer through the password-protected user account using the corresponding login data.

2.6 Before submitting a binding order through the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function, which enlarges the display on the screen, can be a useful technical means of recognising input errors. The Customer can correct entries during the electronic order process using the usual keyboard and mouse functions until clicking the button that completes the order process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing is usually automated by email. The Customer must ensure that the email address given for order processing is correct, so that emails sent by the Seller can be received at that address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the Seller's cancellation policy.

4) Prices and payment conditions

4.1 Unless otherwise stated in the Seller's product description, the prices shown are total prices including statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment method or methods are communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered through the payment service "PayPal" is selected, payment is processed by PayPal, which may also use third-party payment service providers for this purpose. If the Seller also offers, through PayPal, payment methods for which the Seller performs in advance (for example purchase on account or payment by instalments), the Seller assigns the payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method if the check is negative. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In that case the Customer can discharge the debt only by paying PayPal or the payment service provider commissioned by PayPal. Even if the claim is assigned, the Seller remains responsible for general customer enquiries, for example about the goods, delivery time, dispatch, returns, complaints, withdrawals, and credit notes.

4.4 If a payment method offered through the payment service "Apple Pay" is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered through Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use further payment services to process payments, for which special payment conditions may apply and of which the Customer may be informed separately. Further information on Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.5 If a payment method offered through the payment service "Google Pay" is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered through Google Pay are communicated to the Customer in the Seller's online shop. Google may use further payment services to process payments, for which special payment conditions may apply and of which the Customer may be informed separately. Further information on Google Pay is available at https://pay.google.com/intl/de_de/about/.

4.6 If a payment method offered through the payment service "Wix Payments" is selected, payment is processed by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter "Wix"). The individual payment methods offered through Wix are communicated to the Customer in the Seller's online shop. Wix may use further payment services to process payments, for which special payment conditions may apply and of which the Customer may be informed separately. Further information on Wix Payments is available at https://de.wix.com/payments.

5) Delivery and shipping conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area stated by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address given in the Seller's order processing is decisive for carrying out the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the original delivery if the Customer effectively exercises the right of withdrawal. If the Customer effectively exercises the right of withdrawal, the Seller's cancellation policy governs the costs of the return shipment.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or a person authorised to receive them. Notwithstanding this, the risk also passes to a consumer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer commissioned that person or institution and the Seller had not previously named that person or institution to the Customer.

5.4 If the Customer acts as a consumer resident in Germany or as a trader, 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 failure to deliver and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make every reasonable effort to procure the goods. If the goods are unavailable or only partly available, the Customer will be informed without delay and any consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless the following provisions provide otherwise, the statutory provisions on liability for defects apply. The following applies instead to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

  • the Seller may choose the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, rights in respect of defects are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of periods set out above do not apply

  • to claims by the Customer for damages and reimbursement of expenses,
  • if the Seller has fraudulently concealed the defect,
  • to goods which have been used in accordance with their usual use for a building and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to examine the goods and notify defects under section 377 HGB. If the Customer fails to give the notices required there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, the Customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including claims in tort, as follows:

8.1 The Seller has unlimited liability on any legal ground

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee promise, unless otherwise provided in that respect,
  • on the basis of mandatory liability such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer resident in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation under the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which the Customer may regularly rely. Otherwise, the Seller's liability is excluded unless the Seller is liable without limitation under the preceding clause.

8.3 The above provisions on liability also apply to the Seller's liability for vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.

10) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims under the contract can be attributed to the Customer's professional or commercial activity. In any event, however, in the above cases the Seller is entitled to bring an action at the court of the Customer's seat.

11) Alternative dispute resolution

The Seller is neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.