§ 1 Scope, Definitions
(1) Leichtmut – Jacob Muth, Jacob Muth, Dithmarscher Str. 48, 22049 Hamburg, Germany (hereinafter “we” or “Leichtmut – Jacob Muth”) operates an online shop for goods at leichtmut.de. The following general terms and conditions apply to all services between us and our customers (hereinafter “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) A “consumer” within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An “entrepreneur” is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in exercise of their trade, business, or profession; a partnership with legal capacity is a partnership equipped with the capacity to acquire rights and incur liabilities.
§ 2 Formation of Contract, Storage of Contract Text
(1) The following provisions on contract formation apply to orders placed via our online shop at leichtmut.de.
(2) Our product representations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following provisions apply: the customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods.
- Adding products by clicking the corresponding button (e.g. “Add to bag”, “Add to cart”, or similar).
- Review of the details in the shopping cart.
- Calling up the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Continue to payment”, “Order overview”, or similar).
- Entry and verification of address and contact data, selection of payment method, confirmation of the Terms and Conditions and withdrawal policy.
- Where the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement.
- Completion of the order by pressing the “Buy Now” button. This constitutes your binding order.
- The contract is concluded by us sending an order confirmation to the email address you provided within three working days.
(4) In the event of contract conclusion, the contract is concluded with Leichtmut – Jacob Muth, Jacob Muth, Dithmarscher Str. 48, 22049 Hamburg, Germany.
(5) Before placing an order, the contract data can be printed using the print function of the browser or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract — in particular the order data, the Terms and Conditions, and the withdrawal policy — takes place by email after the order is placed by you, in part automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse, and browser functions (e.g. the browser’s “Back” button). They can also be corrected by terminating the order process early, closing the browser window, and starting over.
(7) Processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Subject of the Contract and Essential Characteristics of the Products
(1) The subject of the contract in our online shop is the sale of goods. The goods specifically offered can be found on our product pages.
(2) We offer two types of products, both manufactured to order. These are designated as Standard or Custom on the relevant product page — either by product name (e.g. “Custom Lens Bag”) or by your selection between a “Standard bag” and a “Custom bag” option on the product page:
a) Standard products are made to a fixed specification: one fabric type, black colour, and a choice between two sizes. Although produced after your order is placed, they are not manufactured to your individual specification within the meaning of § 312g (2) no. 1 BGB. Standard products may be returned in accordance with your right of withdrawal under § 6.
b) Custom products are manufactured to your individual specification — including but not limited to custom fabrics, colours, sizes, and features. The right of withdrawal does not apply to custom products pursuant to § 312g (2) no. 1 BGB (“goods which are not pre-fabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer”). Whether a product is custom is shown on the relevant product page — either through the product name or through the configuration option you select before placing your order.
(3) The essential characteristics of the goods can be found in the product description. Where the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly noted in the product description (negative quality agreement). Where the customer has given express consent to the negative quality deviation, this defines the subject of the contract.
§ 4 Prices, VAT, Shipping Costs, and Delivery
(1) The prices shown on our product pages are gross prices including German value-added tax at the statutory rate (currently 19%) and do not include shipping costs. Shipping costs are shown separately during checkout. The final price applicable to your order is calculated and displayed in the order overview before you place the binding order.
(2) For deliveries within the European Union, value-added tax is charged at the rate applicable in the country of destination. The price including the applicable VAT is calculated and displayed at checkout.
(3) For deliveries outside the European Union, the order is treated as a VAT-exempt export delivery; prices are shown net of German VAT at checkout. Additional import duties, taxes, customs fees, or other charges may apply in the country of destination. These are borne by the customer and are not included in the prices or shipping costs shown by us. We recommend checking with your local customs authority before ordering if you are uncertain about the applicable charges.
(4) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise specified for individual payment methods, payment claims are due immediately.
(5) Production and delivery times. All products are made to order. Production takes approximately two weeks from receipt of payment. Shipping times following production are:
- Germany: 2–3 working days
- Other European Union destinations: 3–11 working days
- Outside the European Union: 5–16 working days
The total time from order to delivery is therefore approximately 2–3 weeks for Germany, 2.5–4 weeks for other EU destinations, and 3–4.5 weeks for international orders. Where a specific product has a different production time, this is stated in the product description and applies in place of the time stated above.
(6) The following delivery area restrictions apply. Delivery is made to the following countries: Åland Islands, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Barbados, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo (Brazzaville), Congo (Kinshasa), Cook Islands, Costa Rica, Croatia, Curaçao, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Eswatini, Ethiopia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Ireland, Isle of Man, Israel, Italy, Ivory Coast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Niue, North Macedonia, Northern Mariana Islands, Norway, Oman, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Reunion, Romania, Rwanda, São Tomé and Príncipe, Saint Barthélemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Martin (Dutch part), Saint Martin (French part), Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Türkiye, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom (UK), United States (US), Uruguay, Uzbekistan, Vanuatu, Vatican, Vietnam, Virgin Islands (British), Virgin Islands (US), Western Sahara, Zambia, Zimbabwe.
(7) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of shipment to you if you exercise your right of withdrawal effectively. The provisions in our withdrawal policy apply to the return shipping costs in the event of an effective exercise of the right of withdrawal by you.
§ 5 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal for standard products. This is set out in our withdrawal policy.
The right of withdrawal does not apply to custom products (see § 3 (2) (b)). Custom products are manufactured to your individual specification and are excluded from the right of withdrawal pursuant to § 312g (2) no. 1 BGB. Whether a product is custom is shown clearly on the product page before you place your order.
§ 7 Contract Language
The contract may be concluded in German or English, depending on the language version of the shop in which you complete your order. Both language versions of these General Terms and Conditions are equally binding; in case of discrepancies in interpretation between the two versions, the version in the language in which the contract was concluded shall apply.
§ 8 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual duties and from tort is limited to intent or gross negligence.
(2) In the event of slight negligence, we are liable without limitation in the case of injury to life, body, or health, or in the case of breach of a material contractual obligation. If, through slight negligence, we are in default with performance, if performance has become impossible, or if we have breached a material contractual obligation, liability for resulting material and financial damage is limited to the damage typically foreseeable under the contract. A material contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract, and on whose observance you may regularly rely. This includes in particular our obligation to act and to perform the contractually owed service described in § 3.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are asked to inspect the item, digital goods, or service rendered immediately upon performance of the contract for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.
§ 10 Final Provisions / Dispute Resolution
(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
(3) Where the customer is a merchant, a legal person 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 is the provider’s place of business.
(4) We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
§ 11 Reviews
If you tick the consent box at checkout, we may send you a single email after your purchase inviting you to leave a product review. Submitting a review is optional, and you may ignore the request if you do not wish to participate.
By submitting a review, you consent to your review — including any rating, text, and images — being displayed on our website. Reviews are stored on our website servers and may be shown alongside your name, initials, or anonymously, according to the preference you select at submission.
If you wish to edit or remove a review, please contact us at jacob@leichtmut.de. Further details on how your data is processed can be found in our Privacy Policy.