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Terms of service

General Terms and Conditions of Sale for the German Market

§ 1 Scope of application

(1) These General Terms and Conditions of Sale (hereafter: GTC) apply to all contracts concluded via our online shop between us,

Lomerase GmbH
c/o TreuVision AG
Wilfriedstrasse 12
8032 Zurich

Managing director: Gökhan Inler
Zurich Commercial Register: CH-020.4.069.818-8
+44 (0)585 2000
info@lomerase.com
and you as our customer. The GTC apply regardless of whether you are a consumer, businessperson or merchant.
(2) All agreements concluded between you and us in connection with the purchase contract
result in particular from these General Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be decisive.
(4) We do not accept terms and conditions from the customer that deviate from our own. This applies even if we do not expressly object to their inclusion.

§ 2 Conclusion of the contract
(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking on the ‘Pay now’ button, you place a legally binding order. You are bound by the order for a period of two (2) weeks after the order has been placed; your right under § 3 to cancel your order remains unaffected by this.
(3) We will confirm receipt of your order placed via our online shop immediately via email. This email does not constitute a binding acceptance of the order, unless acceptance is also included therein in addition to the confirmation of receipt.
(4) A contract is only concluded when we accept your order via a declaration of acceptance or through the delivery of the ordered items.
(5) If delivery of the items ordered by you is not possible, for example because the relevant items are not in stock, we will refrain from providing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund without delay any payment already received.

§ 3 Right of revocation

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of revocation in accordance with (1), you shall bear the regular costs of the return.
(3) In all other respects, the provisions set out in detail in the following revocation policy apply to the right of revocation.

Right of revocation

You have the right to revoke this contract within 14 days without providing reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of revocation, you must inform us via
Lomerase GmbH c/o TreuVision AG, Wilfriedstrasse 12, 8032 Zurich, info@lomerase.com
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract.

You may use the attached template revocation form for this purpose, but this is not mandatory. If you make use of this option, we will immediately (e.g. by email) send you confirmation of receipt of such a revocation. To comply with the revocation period, it is sufficient that you send the notification that you are exercising the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods or until you have provided proof that you have returned the goods, whichever occurs first. You must return or hand over the goods to us immediately or at the latest within 14 days from the day on which you inform us of the revocation of this contract. This deadline is considered met as long as you send the goods before the expiry of the 14-day period. You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the condition, properties and functioning of the goods.

- End of revocation policy -

(4) The right of revocation does not apply to distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that, due to their characteristics, are not suitable for return, could quickly spoil or perish, or the expiry date of which would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
(5) In the event of revocation, we will ask you to send us a photo of the goods so that we can check the condition, properties and functioning of the product. On the basis of this, we can then determine whether any loss of value can be claimed. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check the condition, properties and functioning of the goods.

§ 4 Terms of delivery

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins with the conclusion of the contract.

§ 5 Prices and shipping costs
(1) All prices in our online shop are gross prices including the statutory value added tax and do not include shipping costs.
(2) The shipping costs are provided in our price details in our online shop. The price including VAT and shipping costs will also be displayed in the order form before you submit the order.
(3) If you effectively revoke your contractual declaration in accordance with § 3, you can demand the reimbursement of already paid costs for shipping to you (shipping costs) under the statutory conditions (cf. § 3 para. 3 for other consequences of revocation). The costs for the necessary return shipment are to be borne by you.

§ 6 Terms of payment and set-off and right of retention
(1) The customer can make payment by credit card or PayPal.
(2) Payment of the purchase price is due immediately upon conclusion of the contract.
(3) You are not entitled to offset against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of ownership
The delivered goods remain our property until full payment of the purchase price.

§ 8 Warranty

(1) We are liable for material defects or defects of title in delivered items in accordance with the applicable
legal regulations, in particular § 434 ff. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller’s warranties provided by us for certain items or manufacturers’ warranties granted by manufacturers of certain items are in addition to the
claims due to material defects or defects of title as referenced in para. 1. The details of the scope of such warranties result from the warranty conditions, which are included with the items.

§ 9 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you as a customer could generally rely (material contractual obligation), limited to the compensation of foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages from injury to life, body or health and according to the German Product Liability Act remains unaffected by the preceding limitations and exclusions of liability.

§ 10 Copyrights

We hold copyright for all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

§ 11 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Law.
If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of this country is unaffected by the choice of law made in sentence 1.
(2) Dispute resolution: the EU Commission has created an Internet platform for the online resolution of disputes. The platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available via the following link:
http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(3) The contract remains binding in the remaining parts even if individual provisions are legally ineffective. The ineffective provisions shall be replaced, where possible, by statutory provisions. However if this would constitute unreasonable hardship for one of the parties to the contract, the contract as a whole becomes ineffective.

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