TERMS & CONDITIONS

1. Scope

1.1 These general terms and conditions (hereinafter "GTC") "Lb The Label" apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the goods presented by the seller in his online shop concludes.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions 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.
2. Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can 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 e-mail), 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, or by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after 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 deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.a r.l. et Cie, SCA, 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/ useragree ... or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywa
... If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.6 Before the customer submits the order through the seller's online order form, they should carefully review the information displayed on the screen to identify any possible input errors. The browser's enlargement function can be used to better recognize input errors. The customer can correct any errors during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Order processing and communication will typically be conducted via email and automated order processing. The customer must ensure that the email address they provide for order processing is accurate and capable of receiving emails from the seller. In particular, if using SPAM filters, the customer must ensure that they can receive all emails sent by the seller or any third parties authorized by the seller to process the order.

3. Right of Revocation for Consumers

(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession).

Cancellation Policy

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day,

  • on which you or a third party named by you, who is not the carrier, have taken possession of the goods or has taken possession of the goods if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;

  • on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods if you have ordered several goods as part of a single order and these are delivered separately;

  • on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial shipment or the last piece if you have ordered goods that are delivered in several partial shipments or parts;

To exercise your right of withdrawal, you must inform us (Lb The Label, 123 Main Street, Anytown USA, email: info@lbthelabel.com) using an explicit declaration (email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

To comply with the withdrawal period, it is sufficient that you notify us of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 because of this repayment.

We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earliest. You shall return or deliver the goods to us without undue delay, and in any event, no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

You are liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Please note that the right of withdrawal expires prematurely in the case of damaged, clearly worn products or for reasons of health protection or hygiene.

 

Sample Cancellation Form (Example)

(If you want to cancel the contract, please fill out this form and send it back).

 To LB The Label (e-mail address: info@lbthelabel.de) -

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

Ordered on (*) -

Order number -

Name of the consumer(s)

- Address of the consumer(s)

- Date(s) (*)

Delete where not applicable.

 

General Information

  1. Please take care not to damage or contaminate the goods when returning them to LB The Label. Kindly send the products back in their original packaging with all accessories and packaging components. If needed, use a protective outer packaging to prevent damage during transit. If the original packaging is no longer available, please use suitable packaging to provide adequate protection against damage.

  2. Please do not send the goods back to us freight collect.

  3. Please note that the aforementioned points 1-2 are not necessary for the effective exercise of your right of withdrawal.

4. Prices and Terms of Payment

4.1 Unless otherwise stated in the product description, the prices provided are inclusive of all taxes.

4.2 Payment options will be communicated to the customer on LB The Label's online shop.

4.3 In case of payment through PayPal, payment processing will be done by PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") in accordance with their Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragree

 

5. Delivery and Shipping Conditions

5.1 The goods will be delivered to the delivery address provided by the customer during checkout, unless otherwise agreed upon. The delivery address specified in the seller's order processing will be considered final.

5.2 If the transport company sends the goods back to the seller due to the customer's inability to receive the shipment, the customer will bear the costs of the unsuccessful shipment. However, this does not apply if the customer is not responsible for the reason that led to the impossibility of delivery, or if the seller did not give reasonable prior notice of the shipment. Additionally, this does not apply to shipping costs if the customer has effectively exercised their right of withdrawal. For return costs, the provisions made in the seller's cancellation policy will apply.

5.3 Collection of the goods by the customer is not possible due to logistical reasons.

 

6. Retention of Title

If LB The Label makes an advance payment, the ownership of the delivered goods will be retained until the purchase price owed has been paid in full.

7. Liability for Defects (Warranty)

7.1 In case of a defect in the purchased item, the statutory liability for defects applies.

7.2 However, the limitation period for claims related to defects in used goods is one year from the delivery date to the customer. Nonetheless, the shortening of the limitation period to one year will not apply to items that have been used for a building in accordance with their normal use and have caused its defectiveness, claims for damages and reimbursement of expenses by the customer, and if the seller has fraudulently concealed the defect.

7.3 The customer is requested to complain to the delivery person about delivered goods with obvious transport damage and inform LB The Label of this. Failure to do so will not affect the customer's statutory or contractual claims for defects.

7.4 The campaign voucher is transferable. The seller can make payments to the respective owner who redeems the promotional voucher in the seller's online shop, with a discharging effect. However, this will not apply if the seller has knowledge or is grossly negligent in ignorance of the non-authorization, legal incapacity, or lack of authorization of the respective owner.

8. Applicable Law

8.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, except for the laws on the international purchase of movable goods. This choice of law shall only apply to consumers to the extent that it does not affect the mandatory provisions of the law of the state in which the consumer has their habitual residence.

8.2 Moreover, this choice of law shall not apply to consumers who do not belong to any member state of the European Union at the time of concluding the contract and whose sole residence and delivery address are outside the European Union at the time of concluding the contract, in respect of the statutory right of withdrawal.

9. Jurisdiction

In the event that the customer acts as a merchant, legal entity under public law, or 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 shall be the seller's place of business. If the customer is based 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 from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller shall always be entitled to bring proceedings against the customer at their registered office.

 

01/03/24

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