1. Scope of Application, Definitions

(1) For the business relationship between the Provider and the Customer, the following General Terms and Conditions (GTC) shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity. 

 

2. Conclusion of Contract

(1) The Customer can select products from the Provider's range and collect them in a so-called shopping cart via the button "add to shopping cart". Via the button "order subject to payment", he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time.

(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer 's order has been received by the Provider and does not constitute acceptance of the application. The contract is not concluded until the Provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC revocation instruction and order confirmation) will be sent to the Customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.

(3) The contract shall be concluded in German or English.

 

3. Delivery, Availability of Goods

(1) Delivery times specified by us are calculated from the time of our order confirmation, prior payment of the purchase price provided (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 14 days.

(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The Provider shall only deliver to Customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Belgium, Denmark, France, Netherlands, United Kingdom, Spain (respectively excluding overseas territories).

 

4. Retention of Title

Until full payment, the delivered goods remain the property of the provider.

 

5. Prices and Shipping Costs

(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the Customer in the order form (the standard shipping fee is 79 EUR including VAT, if indicated) and are to be borne by the Customer, unless the Customer exercises his right of withdrawal.

(3) The goods are shipped by mail. The shipping risk is borne by the Provider if the Customer is a consumer.

(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment.

 

6. Payment Modalities

(1) The customer can make the payment by bank transfer, shoppay, Paypal and GPay (and, if applicable, other payment options offered).

(2) The Customer can change the payment method stored in his user account at any time.

(3) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(4) The Customer's obligation to pay interest on arrears shall not preclude the Provider from asserting further damages for default.

 

7. Warranty for Material Defects, Guarantee

(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

(2) An additional warranty exists for the goods delivered by the supplier only if this was expressly given in the offer and in the order confirmation for the respective item.

 

8. Liability

(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

Cancellation Policy  (1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the Provider informs below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form. Cancellation Policy Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must contact us (Hypaths GmbH, c/o Excellent Business Center, Europaplatz 2, 10557 Berlin, Germany (telephone number: +49-17684534466, e-mail: contact@lemmofuture.com) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you can use the attached model withdrawal form, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of Revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. (2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery. (3) The Provider informs about the model withdrawal form according to the legal regulation as follows: Sample cancellation form (If you want to revoke the contract, please fill out this form and send it back). To Hypaths GmbH, c/o Excellent Business Center, Europaplatz 2, 10557 Berlin, Germany (telephone number: +49-17684534466, e-mail: contact@lemmofuture.com): - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) - Ordered on (*)/received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only in case of communication on paper) - Date (*) Delete where not applicable

10. 
    Final Provisions

(1) Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, shall remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.

OS-Platform

The European Commission's online dispute resolution platform can be accessed at this link: https://www.ec.europa.eu/consumers/odr. However, the provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.