General Terms and Conditions
§ 1 Scope, Definitions
(1) Leichtmut – Jacob Muth, Jacob Muth, Dithmarscher Str. 48, 22049 Hamburg, Germany (hereinafter referred to as “we” or “Leichtmut – Jacob Muth”) operates an online shop for goods on the website https://www.leichtmut.de. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) A “consumer” in the sense of these terms and conditions 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 legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, where a legal partnership is a partnership endowed with legal capacity to acquire rights and incur liabilities.
§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following regulations regarding the conclusion of the contract apply to orders placed via our online shop at https://www.leichtmut.de.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is placed in our online shop, the following rules apply: The customer makes a binding contractual offer by successfully completing the order procedure provided in our online shop. The order takes place in the following steps:
- Selection of the desired goods,
- Adding the products by clicking on the corresponding button (e.g., “Add to Cart”, “Add to Shopping Bag”, etc.),
- Checking the details in the shopping cart,
- Accessing the order overview by clicking on the corresponding button (e.g., “Proceed to Checkout”, “Proceed to Payment”, “Order Overview”, etc.),
- Entering/checking the address and contact details, selecting the payment method, confirming the Terms and Conditions and the Right of Withdrawal,
- If the agreed quality of the goods deviates from their usual characteristics and usage requirements, confirming a negative quality agreement,
- Completing the order by clicking the button “Buy Now”. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days at the email address provided.
(4) In the event of the conclusion of the contract, the contract is made with Leichtmut – Jacob Muth, Jacob Muth, Dithmarscher Str. 48, 22049 Hamburg, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the Terms and Conditions, and the Right of Withdrawal, takes place via email after the order is triggered by you, partly automated. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the “Back” button of the browser). You can also correct them by aborting the order process prematurely, closing the browser window, and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out via email, partly automated. 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 specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual characteristics and usage requirements, this is expressly pointed out in the item description (negative quality agreement). Insofar as the customer has expressly consented to the negative quality deviation, this defines the subject of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, possibly in the shopping cart system, and on the order overview.
(4) All offered products are made to order (Delivery time: 1 week lead time + 2-3 days shipping (within Germany) after receipt of payment).
(5) The following delivery area restrictions exist: Delivery is made to the following countries: Afghanistan, Åland Islands, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, British Virgin Islands, Brunei, Bulgaria, Burkina Faso, Burundi, Chile, China, Cook Islands, Costa Rica, Curaçao, Denmark, Dominica, Dominican Republic, Djibouti, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Eswatini, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and McDonald Islands, Honduras, Hong Kong SAR China, India, Indonesia, Iran, Iraq, Ireland, Isle of Man, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Lesotho, Liberia, Libya, Liechtenstein, Macau SAR China, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar (Burma), Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, North Macedonia, Northern Mariana Islands, Norway, Oman, Palestinian Territories, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Réunion, Rwanda, 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, Somalia, South Africa, South Georgia and the South Sandwich Islands, South Korea, South Sudan, Suriname, Svalbard and Jan Mayen, Sweden, Switzerland, Syria, Tajikistan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States of America, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe.
(6) If the 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 regarding the costs for the initial dispatch if you effectively exercise your right of withdrawal. For the return costs in the event of an effective exercise of the right of withdrawal by you, the provisions made in our cancellation policy shall apply.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Contract Language
The contractual language are in English or German, depending on the language chosen for the checkout process.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as tort is limited to intent or gross negligence.
(2) We are liable without limitation in cases of slight negligence in the event of injury to life, body, or health or in case of breach of an essential contractual obligation. If we are in default due to slight negligence with the performance, if the performance has become impossible, or if we have breached an essential contractual obligation, the liability for material and financial losses resulting therefrom is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our duty to act and to fulfill the contractually owed performance, which is described in § 3.
§ 9 Warranty
(1) The warranty is governed by statutory provisions.
(2) For entrepreneurs, the warranty period on delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the provided service for completeness, obvious defects, and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the consumer’s habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) 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 is the provider’s place of business.