AGB

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Conditions for Prices and Payments
5. Conditions for Delivery and Shipping
6. Retention of Ownership
7. Liability for Defects and Warranty
8. Applicable Law
9. Alternative Dispute Resolution

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "AGB") of Zoran Karanovic, trading as "Ljubav Europe" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. Inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For the purposes of these AGB, a consumer is any natural person entering into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur, within the meaning of these AGB, is a natural or legal person or a legally responsible partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

 

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve merely as the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Seller's online shop. To do so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button concluding the online ordering process.

2.3 The Seller may accept the Customer's offer within five days by:

• Sending a written order confirmation or order confirmation in text form by fax or email to the Customer, with the receipt of the order confirmation at the Customer being decisive, or
• Delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
• Requesting payment from the Customer after placing the order.

If several of the above alternatives are available, the contract is concluded when one of the above alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry 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 is considered a rejection of the offer, with the effect that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer chooses a payment method offered by PayPal, the payment processing is carried out by 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 terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text form by email, fax, or letter after the Customer has sent their order. There is no further accessibility of the contract text by the Seller beyond this.

2.6 Before the binding submission of the order via the Seller's online order form, the Customer has the opportunity to recognize any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for processing the order is correct. This means that emails sent by the Seller can be received at this address. The Customer must ensure, especially when using spam filters, that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

 

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal policy.

 

4) Conditions for Prices and Payments

4.1 Unless otherwise stated in the descriptions of the Seller's products, the prices indicated are total prices. They include the legal value-added tax. Any additional costs for delivery and shipping will be separately indicated in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases. These costs are not to be represented by the Seller but are to be borne by the Customer. This includes, for example, costs for the transfer of funds by credit institutions (e.g., fees for transfers, exchange rate fees) or import duties or taxes (e.g., customs duties). These costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 Information about the payment options available to the Customer is provided in the online shop.

 

5) Conditions for Delivery and Shipping

5.1 Unless otherwise agreed, the delivery of the goods is made to the delivery address specified by the Customer on the shipping route. The delivery address specified in the order processing of the Seller is decisive for the transaction.

5.2 If the delivery of the goods is not possible for reasons that the Customer is responsible for, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the dispatch if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the regulations made in this regard in the Seller's withdrawal policy shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

 

6) Retention of Ownership

If the Seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

 

7) Liability for Defects and Warranty

7.1 If the purchased item is defective, the statutory provisions on liability for defects apply.

7.2 Goods delivered with obvious transport damage are to be complained about by the Customer to the deliverer and reported to the Seller. If the Customer fails to comply with this, it has no effect on their legal or contractual warranty claims.

 

8) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. For consumers, this choice of law only applies 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.

 

9) Alternative Dispute Resolution

9.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

9.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.