General Terms and Conditions (GTC)
Iveagh Court, Harcourt Road, Dublin 2, D02YT22, Irland,
Telefon: +353 1 571 5890, E-Mail: firstname.lastname@example.org
for online shops
§ 1 Scope
1. These GTCs apply to all goods offered by LUQEL in LUQEL's online shop at "luqel-water.com" or via LUQEL’s mobile apps.
2. LUQEL does not recognise any conditions of the purchaser which deviate from or contradict these GTCs.
§ 2 Notification and Information
1. The presentation of products in the online store does not constitute a legally binding offer to enter into a sales contract, but a non-binding online catalogue. By clicking the button "order payable", you place a binding offer for the goods in the shopping cart. After the order has been transmitted, LUQEL will send the customer an email in which the receipt of the order is confirmed. LUQEL has not yet accepted your order with this e-mail confirmation. Acceptance and thus confirmation of the contract is effected by means of a further e-mail containing a corresponding declaration, a dispatch confirmation or a request for payment.
2. The text of the contract shall not be stored by LUQEL, and will not be accessible to the purchaser after the conclusion of the contract. However, the text of the contract will be sent to the purchaser via e-mail as part of the confirmation of receipt.
3. Before the final submission of the order, the buyer can identify and correct input errors by checking the order on a separate confirmation page.
4. The language available for the conclusion of the contract is dependent on the language of the country that the website is based in.
5. LUQEL is not subject to any special codes of conduct that were not mentioned above.
6. The essential characteristics and the total price of the goods, as well as the validity period of limited offers from LUQEL can be found in the detailed descriptions of the individual goods in the online store, as well as in these General Terms and Conditions.
§ 3 Payment, shipping costs for returns, delivery location
1. All prices are inclusive of VAT.
2. In cases of product returns, the customer must pay the costs for the return of the goods.
§ 4 Payment Methods, Terms of Payment, Offsetting
1. If the respective product does not contain a separate reference to the payment of the purchase price, the payment can be made by bank transfer after invoicing.
2. If the customer chooses to pay by bank transfer after the invoice has been issued, we will deliver the goods prior to the receipt of payment. The invoice shall then be settled and payment shall not be deemed to have been made until it has been credited to LUQEL's account.
3. LUQEL's remuneration claims can only be offset against undisputed or legally established claims.
§ 5 Delivery date by means of payment, right to withdrawal
1. Unless otherwise stated or regulated for in the individual goods in the online store or in the following, the delivery date shall be:
- for deliveries to Germany: 7 up to 10 woking days
- For other deliveries: up to 30 workin days
This period commences when:
- The payment of an invoice by bank transfer: from the confirmation of the order
2. Working days are Monday to Friday, with the exception of public holidays in Germany or Baden-Württemberg (Germany), and public holidays in the customer’s region.
§ 6 Retention of title
1. LUQEL retains the title of the goods delivered by LUQEL until there are no further claims arising from the purchase contract.
2. The customer must inform LUQEL immediately of any enforcement measures taken by third parties against the goods subject to the retention of title or supplying the documents necessary for an intervention. This also applies to impairments of any other kind.
§ 7 Liability of LUQEL
1. Statutory warranty rights are in place for products.
2. The buyer can only claim damages:
2.1. Damages resulting from:
- an intentional or grossly negligent breach of duty by LUQEL, or
- an intentional or grossly negligent breach of duty by a legal representative, executive employee or vicarious agent of LUQEL
are based on obligations which are not essential to the contract (cardinal obligations) and are not main or secondary obligations in connection with defects in our deliveries or services;
2.2. For damages resulting from the willful or negligent breach of material contractual obligations (cardinal obligations) by LUQEL, a legal representative, executive employee or vicarious agent of LUQEL.
2.3. Essential contractual obligations (cardinal obligations) are obligations where the fulfilment of which is essential for the proper performance of the contract, and the observance of which the customer regularly relies on.
2.4. Furthermore, LUQEL shall be liable for damages resulting from an accidental or intentional breach of obligations in connection with defects in our delivery or service (subsequent performance or ancillary obligations), and
2.5. for damages which fall within the scope of the protection of a guarantee expressly given by LUQEL (assurance) or a guarantee of quality or durability.
3. In the event of a simple negligent breach of a material contractual obligation, LUQEL’S liability shall be limited to the amount of foreseeable damage that is typical at the time of the conclusion of the contract if due care has been taken.
4. Claims for injuries to the customer in the case of a simple negligent injury of a contract-substantial obligation fall under the statute of limitations of one year, starting from the legal commencement of the statute of limitations. Excluded from this are damages resulting from injury to life, body or health as well as damages due to the violation of obligations in connection with defects in our delivery or service (subsequent performance or ancillary obligations).
5. Claims for damages against LUQEL arising from legally mandatory liability, such as under the Product Liability Act, as well as from injury to life, body or health, shall remain unaffected by the above provisions and shall exist to the statutory extent within the statutory periods.
§ 8 Severability clause, choice of legal jurisdiction
The contract, including these terms and conditions, is governed by the material laws of Ireland to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply if the mandatory consumer protection regulations in the country in which the buyer is a habitual resident of are more favourable for the buyer.
§ 9 Dispute Resolution Procedure
1. LUQEL is not prepared and not obliged to participate in dispute resolution proceedings before a consumer arbitration body.
2. The Platform of the European Commission for Online Dispute Resolution (OS): https://ec.europa.eu/consumers/odr/
3. Our e-mail address is: email@example.com
§ 10 Data Privacy
Last Update: November 2019