- Provider and area of applicability
- These general terms and conditions of business apply to all purchases and orders via the online shop of Lobbes (Lobbes.com), the owner of which is Konstantin Lobbes, Via San Raffaele 1, Milan 20121,Italy, (hereinafter referred to as “Lobbes”), which can be accessed via the Internet address https://lobbes.com (hereinafter referred to as “shop”).
- The services of Lobbes are intended exclusively for persons over the age of 18. These general terms and conditions of business shall apply to all goods which are offered online to consumers in accordance with § 13 of the German Civil Code (BGB) and entrepreneurs in accordance with § 14 BGB.
- Prior to placing a binding order, the customer is hereby being expressly informed of the applicability of these general terms and conditions of business. By sending the order, the customer is hereby acknowledging the general terms and conditions of business which apply at this time. The contractual text will be saved. The general terms and conditions of business can be accessed at any time in the most up-to-date version via the following link: https://lobbes.com/pages/terms-conditions
- These general terms and conditions of business shall apply in an exclusive manner. Deviating, conflicting or supplementary general terms and conditions of business of the customer shall only become part of the contract if Lobbes has expressly agreed to their applicability. The agreement requirement shall also apply if Lobbes carries out the services without reservation in knowledge of the general terms and conditions of business of the customer.
- The contractual language shall be German. Should translations into a language other than German of these general terms and conditions of business or other contractually related declarations and documents take place (“reader versions”), the German version shall be binding.
- Lobbes expressly reserves the right to alter these general terms and conditions of business. Changes to these general terms and conditions of business shall become effective once the customer has agreed to the adjusted version.
- Conclusion of sales agreements
- The showcasing of goods in the shop does not represent a binding request to conclude a sales agreement, rather this should be considered as a non-binding invitation to submit an offer in relation to the purchase of the goods which are displayed in the shop.
- The customer will be provided with the opportunity to place the goods which are displayed in the shop into a virtual shopping basket. Once the items have been selected in the shopping basket and following the provision of all necessary order and address data in the subsequent step, a page on which the shipping details can be entered will open when the “continue to shipping” button is clicked on. By clicking on the “review order” button, an overview which contains a summary of the key information relating to the items, including the costs incurred will be opened. By means of this, the customer can check the order for correctness and completeness and select the payment method. By clicking on the “place order” button, the customer is submitting a binding offer to purchase the goods which have been placed in the shopping basket.
- Once the offer has been submitted, the customer will receive a confirmation email which acknowledges receipt of the offer, but does not represent acceptance of the contract. A sales agreement will come into existence when the goods are sent or when an express declaration is received from Lobbes in this regard.
- Orders, deliveries and complaints
- Orders and deliveries are generally possible within the area of business referred to above.
- Incoming orders will be processed and approved for shipping as quickly as possible - as a rule within 2 working days of receipt of the order. The customer is generally responsible for selecting packaging and type of shipping (standard or express). Any delays will be notified to the customer in a timely manner. Should the product selected by the customer not be available at the time of the order, Lobbes will inform the customer of such immediately. Should the product be permanently unavailable, Lobbes will not carry out a declaration of acceptance. In such a case, no contract will come into existence.
- Unless otherwise agreed, the delivery will take place to the delivery address stated by the customer when submitting the offer.
- Lobbes is entitled to provide partial deliveries, provided that this is reasonable for the customer.
- Should the customer receive goods which demonstrate obvious damage during transportation or damage to the packaging, this must be notified to Lobbes immediately. Late notification shall not limit the statutory warranty rights.
- Prices, due date for payment and shipping costs
- The prices named in the shop are online prices in EUR and always include the statutory value added tax. Any shipping costs are not included in the prices for the items.
- The purchase price shall be due at the time the sales agreement comes into existence.
- The shipping costs are charged as follows:
5.00 € for packaging and shipment within Germany by DHL Standard
30.00 € for packaging and shipment within Europe by DHL Express
50.00 € for packaging and shipment outside of Europe
- Payment terms
- Payment can be made either by (1) Amazonpay, (2) PayPal, (3) Klarna or (4) credit card. Lobbes reserves the right to only offer certain payment options for specific goods, for example in order to safeguard its own credit account.
- Payment via Amazonpay, PayPal or Klarna is only possible for customers who are registered with the registered provider. Should the customer select the option of paying via one of the providers, the customer will be redirected to the website of the respective payment service provider during the ordering process. Following the submission of an order in the shop, Lobbes will request that the provider carries out the payment transaction, which will then take place automatically.
The contract-related communication, ie relating to the preparation or performance of an order, will usually take place in electronic form.
- Right of retention and set off
- All goods which are sold via the shop shall remain the property of Lobbes until full payment has been made in relation to the respective order. Full payment will not be deemed to have taken place until Lobbes has the respective sum at its disposal.
- The customer shall only have a right of set off if the respective counterclaim has been recognised by a court or is undisputed or acknowledged by Lobbes.
- Warranty and liability
- Unless expressly agreed otherwise, the warranty claims of the customer shall be determined in accordance with the statutory provisions.
- For consumers, the duration of liability for warranty claims in accordance with § 438 Paragraph 1 Number 3 of the German Civil Code (BGB) is two years.
- For entrepreneurs, the statutory provisions shall apply with the following modifications:
- In relation to the quality of the products displayed in the shop, only the information provided therein and the product description of the manufacturer shall be binding, however not the public claims and statements or other advertising of the manufacturer.
- The customer shall be obliged to check the goods for quality and quantity deviations with the required level of care immediately after receipt and must notify Lobbes of obvious defects within 7 days of receipt of the goods.
- The warranty period is one year from the time of delivery of the goods.
- Lobbes shall incur unlimited liability in case of intent and gross negligence, as well as in cases covered by the German product Liability Act (Produkthaftungsgesetz). In case of simple negligence, Lobbes shall incur liability for losses due to injury to life, body or health of persons.
- In case of simple negligence, Lobbes shall only incur liability in case of breach of an essential contractual obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely (cardinal obligation). Liability for simple negligence shall be limited to the sum which was foreseeable at the time of conclusion of the contract and whose occurrence can be typically expected.
- Alternative dispute resolution
The EU Commission has created an Internet platform for the online resolution of disputes. The platform serves as a point of contact for the resolution of disputes out of court which concern contractual obligations in connection with online sales agreements. More detailed information can be obtained via the following link: http://ec.europa.eu/consumers/odr Lobbes is neither prepared not obliged to participate in dispute resolution proceedings before a consumer arbitration body.
- Closing provisions
- The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention governing the International Sale of Goods and the conflict of laws, should the customer (1) maintain his or her usual place of residence in Germany or (2) maintain his or her usual place of residence in a country which is not a Member State of the European Union. In reservation of Number 1.3, in cases where the customer maintains his or her usual place of residence in a Member State of the European Union, German law shall also apply, whereby mandatory provisions of the country in which the customer maintains his or her usual place of residence shall remain unaffected.
- No oral ancillary agreements have been concluded. Amendments and additions to these general terms and conditions of business, as well as to all declarations of the parties which relate to the order shall require written form (§ 126b of the German Civil Code - BGB). This also applies to any decision to omit the written form requirement.
- For merchants, legal persons under public law or public law special funds, the place of business of Lobbes shall be the place of jurisdiction for all disputes under or in connection with contracts between ourselves and the customer.