Terms of service

1) Scope

1.1  These General Terms and Conditions (hereinafter "GTC") of Luxe Form GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or business or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented 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  These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3  For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4  For the purposes of these General Terms and Conditions, a business or entrepreneur 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.

2) Conclusion of Contract

2.1  The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer

2.2  The customer can submit an 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 offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by telephone, fax, email, post, or via the online contact form.

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 the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins when the offer is sent by the customer 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 is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4  When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

2.5  Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.

2.6  Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.7  Order processing and communication generally take place via email and automated order processing. 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 that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

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 cancellation policy.

3.3  The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1  Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2  For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even 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  The payment option(s) will be communicated to the customer in the seller's online shop.

5) Delivery and shipping conditions

5.1  If the seller offers shipping 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 system is decisive for the transaction. 

5.2  If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3  If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of the identity of this person or entity.

5.4  The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.5  Self-collection is not possible for logistical reasons.

5.6  Vouchers will be provided to the customer as follows:

• via download
• via email
• by post

6) Retention of title

6.1  With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.

6.2  With respect to businesses, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been fully settled.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the regulations governing liability for defects shall apply. Notwithstanding the above, the following applies to contracts for the supply of goods:

7.1  If the customer is acting as a business,

• The seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for warranty claims is one year from delivery of the goods;
• For used goods, warranty rights are excluded;
• The limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2  The aforementioned limitations of liability and reductions of time limits do not apply.

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3  Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4  If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.5  If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1  The seller is fully liable for any legal reason.

• in cases of intent or gross negligence,
• in the event of intentional or negligent gross injury to life,
• based on a guarantee promise, unless otherwise stipulated,
• due to mandatory liability, such as under the Product Liability Act.

8.2  If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

8.3  Furthermore, the seller's liability is excluded.

8.4  The foregoing liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1  Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2  Promotional vouchers can only be redeemed by consumers.

9.3  Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated by the seller.

9.4  Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.5  Only one promotional voucher can be redeemed per order.

9.6  The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7  If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.8  The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9  The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10  The promotional voucher is transferable. The seller may fulfill their obligations by providing the service to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10) Redeeming gift vouchers

10.1  Vouchers that may be available for purchase via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2  Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the second year following the day of purchase. 

10.3  Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.4  Only one gift voucher can be redeemed per order.

10.5  Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

10.6  If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

10.7  The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8  The gift voucher is transferable. The seller may fulfill their obligations by providing the service to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Applicable Law

11.1  All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence

11.2  Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

12) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office

13) Alternative Dispute Resolution

The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so

14) Cancellation Policy

Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity:

14.1 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason

The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (Luxe Form GmbH, Bürgerswalderstr 18a, Königs Wusterhausen, 15711, Germany, Tel.: +491626797949, E-Mail: info@kwynn.eu) of your decision to withdraw from this contract by means of an unequivocal written statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.)

To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.

14.2 Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs arising from your choice of a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we receive your notification of withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We will withhold reimbursement until we have received the goods back in their original condition and including all counterparts or you have supplied evidence of having sent back the goods.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable 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 their condition, properties and functionality.

14.3 Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not citizens of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

14.4 General Information

1) Please avoid damaging or soiling the goods. Please return the goods to us in their original packaging, including all accessories and packaging materials. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging such that the goods may be re-sold as their original state.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned points 1-2 are not prerequisites for the effective exercise of your right of withdrawal

15) Cancellation Form

If you wish to cancel the contract, please fill out this form and return it

To

Luxe Form GmbH
Bürgerswalderstr 18a
15711 Königs Wusterhausen
Germany

Email: info@kwynn.eu

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

_______________________________________________________

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Ordered on (*) ____________ / received on (*) __________________

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Name of consumer(s)

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Address of the consumer(s)

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Signature of consumer(s) (only for notifications on paper)

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Date

(*) Delete as appropriate