Terms of service

Table of contents

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

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of LPS Goods GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of continuous delivery (hereinafter “subscription contract”). Under a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer at the contractually agreed intervals for the duration of the agreed contract term.

2) Conclusion of the contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering 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), whereby receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of 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 the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and is sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller will not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be retrieved free of charge by the Customer via the password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which can enlarge the display on the screen. During the electronic ordering process, the Customer can correct entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

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 instructions on withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted 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 available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.3 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use other payment services for payment processing, for which special payment terms may apply and to which the Customer may be separately referred. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and shipping conditions

5.1 If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the original shipment if the Customer effectively exercises the right of withdrawal. For return shipping costs, the provisions made in the Seller’s instructions on withdrawal apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution 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 upon delivery of the goods to the Customer or a person authorised to receive them. Notwithstanding this, even in the case of consumers the risk passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned that forwarding agent, carrier or other person or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4 If the Customer is a consumer resident in Germany or an entrepreneur, 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 has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Contract duration and termination of subscription contracts for goods

6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer at any time with 14 days’ notice.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period.

6.3 Terminations may be made in writing, in text form (e.g. by email) or electronically via the termination facility (cancellation button) provided by the Seller on its website.

7) Retention of title

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

8) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the supply of goods:

8.1 If the Customer acts as an entrepreneur,

  • 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, claims for defects are excluded;
  • the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortened periods set out above do not apply

  • to the Customer’s claims for damages and reimbursement of expenses,
  • where the Seller has fraudulently concealed the defect,
  • to goods which have been used for a building in accordance with their usual purpose and have caused the building to be defective,
  • to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

8.4 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 inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

8.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. Failure to do so has no effect whatsoever on the Customer’s statutory or contractual claims for defects.

9) Liability

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

9.1 The Seller shall be liable without limitation on any legal basis

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

9.2 If the Customer is a consumer resident in Germany or an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless the Seller is liable without limitation pursuant to the preceding paragraph. Essential contractual obligations are obligations imposed on the Seller by the contract 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 compliance with which the Customer may regularly rely. Otherwise, liability of the Seller is excluded unless the Seller is liable without limitation pursuant to the preceding paragraph.

9.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Place of jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer’s registered office.

12) Alternative dispute resolution

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