Terms of service

1.1 These General Terms and Conditions (hereinafter "GTC") of LITLUX owned by Elias Brettschneider (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to unless agreed otherwise.

1.2 A consumer, as per these GTC, is any natural person concluding a legal transaction for purposes that predominantly do not fall within their commercial or self-employed professional activity. An entrepreneur, as per these GTC, is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

1.3 The contract's subject matter can be, depending on the Seller's product description, either the purchase of goods in a one-time delivery or the purchase of goods through a permanent delivery (hereinafter "subscription contract"). In a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the agreed contract term at the agreed-upon intervals.

*Incorrect Address Provided by the Buyer:*

If an order is placed with an incorrect address provided by the Customer, we are not obliged to refund the invoice amount until the shipment is returned to us. However, we offer redirection to the correct address; please contact us via email for assistance.

**2) Conclusion of Contract**

2.1 Product descriptions in the Seller's online shop do not constitute binding offers but serve as a basis for the Customer to submit a binding offer.

2.2 The Customer can submit the offer using the integrated online order form on the Seller's website. After selecting the goods and completing the electronic order process, the Customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button concluding the ordering process.

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

   - Sending a written order confirmation or a confirmation in text form (fax or email), with the receipt of the order confirmation at the Customer being decisive, or

   - Delivering the ordered goods, with the receipt of the goods by the Customer being decisive, or

   - Requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives exist, the contract is concluded when one of the alternatives occurs first. The deadline for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the specified period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects the payment method "PayPal Express," the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/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/webapps/mpp/ua/privacywax-full. By selecting the payment method "PayPal Express" during the online ordering process, the Customer also issues a payment order to PayPal by clicking the button concluding the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the point in time when the Customer triggers the payment process by clicking the button concluding the ordering process.

2.5 If the Customer selects the payment method "Amazon Payments," the payment processing is handled by the payment service provider Amazon Payments Europe S.C.A., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter "Amazon"), under the Amazon Payments Europe Usage Agreement, available at https://payments.amazon.de/help/201751590. By selecting the payment method "Amazon Payments" during the online ordering process, the Customer also issues a payment order to Amazon by clicking the button concluding the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the point in time when the Customer triggers the payment process by clicking the button concluding the ordering process.

2.6 When an offer is submitted through the Seller's online order form, the Seller stores the contract text, which is then sent to the Customer in text form (e.g., email, fax, or letter) after the order is placed, along with these GTC. However, the Customer cannot retrieve the contract text from the Seller's website after submitting the order.

2.7 Before bindingly submitting the order through the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective means to recognize input errors can be to use the browser's magnification function, enlarging the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.

2.8 The exclusive language available for contract conclusion is German.

2.9 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate and able to receive emails sent by the Seller. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

**3) Right of Withdrawal**

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

**4) Prices and Payment Conditions**

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be separately specified

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the Seller is not responsible, and which are to be borne by the Customer. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer if the delivery does not occur to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options will be communicated to the Customer in the Seller's online shop.

4.4 If payment is made using a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), in accordance with PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the Customer chooses the payment method "SOFORT," the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account that is activated for participation in "SOFORT" and must identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.

4.6 In the case of credit card payment, the invoice amount is due immediately upon conclusion of the contract. The processing of credit card payments is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the Seller assigns its payment claim. secupay AG collects the invoice amount from the specified credit card account of the Customer. In the case of assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the Customer's order is sent in the online shop. The Seller remains responsible for general customer inquiries, such as those regarding the product, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or credits, even when selecting the payment method credit card payment via secupay AG.

**5) Liefer- und Versandbedingungen (Fortsetzung)**

5.2 If the transport company returns the shipped goods to the Seller 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 they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance. This also does not apply with regard to the costs for the outbound shipment if the Customer effectively exercises their right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

5.4 What happens in case of refusal of acceptance? In case of refusal of parcel acceptance after it has already been shipped, we reserve the right to retain 30% of the purchase price due to logistics costs. 70% will be refunded directly to the Customer.

**6) Vertragsdauer und Vertragsbeendigung bei Abonnementverträgen (Fortsetzung)**

6.3 Terminations must be made in writing or in text form (e.g., by email).

**7) Eigentumsvorbehalt (Retention of Title)**

If the Seller makes advance payments, it reserves ownership of the delivered goods until the Customer has paid the purchase price in full.

**8) Mängelhaftung (Gewährleistung) (Warranty for Defects)**

8.1 If the purchased item is defective, the statutory provisions regarding warranty apply.

8.2 Deviating from this, for used goods, claims for defects are excluded if the defect occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply:

   - to items that have been used for construction according to their usual use and have caused its defectiveness,

   - for damages and reimbursement of expenses by the Customer,

   - in the event of fraudulent concealment of a defect by the Seller.

8.3 The Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and inform the Seller of this. Failure to comply with this request has no effect on the Customer's statutory or contractual warranty claims.

**9) Einlösung von Aktionsgutscheinen (Redemption of Promotional Vouchers)**

9.1 Vouchers issued by the Seller as part of promotions with a specific validity period and provided free of charge, which cannot be purchased by the Customer (hereinafter "promotional vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that such restrictions result from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.8 The credit of a promotional voucher is neither paid out in cash nor interest-bearing.

9.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

**10) Anwendbares Recht (Applicable Law)**

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

**11) Alternative Streitbeilegung (Alternative Dispute Resolution)**

11.1 The EU Commission provides an online platform for dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts, in which a consumer is involved.

11.2 The Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

**12) Rückerstattungsrichtlinien (Refund Policies)**

Please note that once an order is placed, it cannot be processed or canceled before delivery. All orders are processed immediately to ensure timely delivery.

**What does the customer need to do for a refund?**

To return your item, please inform us of this decision via email to support@litlux.de. You will then receive additional information about the return by email. Afterward, the items must be returned at your own expense to our International Returns Center: Elias Brettschneider, Am Kehrweg 38, 97725 Elfershausen.

**Who bears the costs?**

The cost of the return shipment is borne by the buyer.

**When can the customer expect a refund?**

A refund will be made within 14 days after the return arrives, in the form of a repayment to the originally chosen payment method.

**Consequences of the withdrawal**

If you revoke this contract, we will reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. We may withhold the reimbursement until we have received the goods back. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties, and functionality of the goods.

We only accept returns in perfect and unused condition.