Standard business conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
- The following terms and conditions apply to all contracts, which you conclude with us as provider (Lunik GmbH) via the website Lunik.de close. Unless otherwise agreed, the inclusion of your own terms and conditions, if necessary, is excluded.
- “Consumer” in the sense of the following regulations is every natural person who concludes a legal transaction which cannot be predominantly attributed to his commercial or self-employed professional activity. “Entrepreneur” is any natural person, legal entity or partnership with legal capacity which concludes a legal transaction in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of contract
- The subject of the contract is the sale of products.
- You make us a binding offer to conclude a sales contract. This offer can be made in writing, in text form, orally, by telephone or via online services. In the case of online services, it is made by completing the order process by clicking on the corresponding field. We will confirm the receipt of your order and list the details of your order in this confirmation.This confirmation is not an acceptance of your order, but merely informs you that we have received your offer. A sales contract is only concluded when we send the ordered product to you or when we expressly declare an acceptance. If you do not receive a declaration of acceptance from us within two weeks, nor have the goods been sent to you, you are no longer bound to your offer.
- The execution of the order and the sending of all information required for the conclusion of the contract is partially automated via e-mail. You must therefore make sure that the e-mail address you provide us with is the correct one and that the receipt of the respective e-mails is guaranteed. In particular, you must ensure that the corresponding e-mails are not blocked by a SPAM filter.
- The delivery takes place from our distribution center or the warehouse of our suppliers to the address given by you, unless you have noted a different delivery address.
We are entitled to make partial deliveries as far as this is reasonable for you. Additional shipping costs due to a partial delivery only arise for you if we expressly agree to this.
We shall be entitled to withdraw from the purchase contract if our supplier does not supply us with the goods against his existing contractual obligation. We will inform you about this immediately. The purchase price paid by you will be refunded to you immediately.
§ 3 Agreements regarding the payment methods offered
- In the case of a purchase on account, the purchase price has to be payed within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed.
- If the customer is in default of payment, Lunik is entitled to demand default interest of 5% above the prime rate per annum announced by the European Central Bank. If Lunik can prove that a higher damage caused by default has arisen, Lunik is entitled to assert this damage.
- The customer hereby agrees that Lunik is entitled to send the invoice as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) by e-mail to the customer.
§ 4 Right of Retention, Reservation of Title
- You can only exercise a right of retention if the situation concerned concerns claims from the same contractual relationship.
- The goods remain our property until full payment of the purchase price.
§ 5 Warranty
- The statutory warranty rights apply.
- As a consumer, you are asked to check the product immediately upon delivery for completeness, visible defects and transport damage and to immediately forward your complaints in writing to us and the transport company. Even if you do not comply with this request, this will not affect your legal warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
- German law applies. With respect to consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the customer has his habitual residence is not withdrawn (so-called benefit-of-the-doubt principle).
- If you are not a consumer but a merchant, a legal entity under public law or a special fund under public law, our registered office is the place of jurisdiction and place of performance for all services arising from the business relations with us. The same applies if you do not have a general place of jurisdiction in Germany or the EU, as well as in cases in which your place of residence or habitual abode is unknown at the time the action is filed. This has no influence on the ability to call upon the court associated with another place of jurisdiction.
- The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
1. Identity of the seller
Köpenicker Str. 101
2. Alternative dispute resolution:
The European Commission offers a platform for the extrajudicial settlement of disputes (ODR platform), which can be found at https://ec.europa.eu/consumers/odr/ can be viewed. Lunik GmbH does not take part in dispute resolution procedures before a consumer arbitration board.
3. Information on the conclusion of the contract
The technical steps connected with the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out according to the regulations “conclusion of contract” in our General Terms and Conditions (Part I.).
4. Contract language, storage of the contract text
- Contract language is German.
- The complete text of the contract is not stored by us. Before sending the order, the contract data can be printed out via Paypal or saved electronically using the print function of the browser. After receipt of the order by us, the order data, the legally required information on distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
5. Main characteristics of the product or service
The main characteristics of the goods and/or services can be found in the respective quotation.
6. Prices and terms of payment
- The prices stated in the respective offers represent total prices, as do the shipping costs. They contain all price components, including all applicable taxes.
- Shipping costs are not included in the purchase price. They can be viewed by clicking on the corresponding button on our website or in the respective offer, are shown separately during the ordering process and are additionally to be borne by you, unless free delivery is confirmed.
- In the case of delivery to countries outside the European Union, we may incur unreasonable additional costs such as customs duties, taxes or transfer fees (transfer or foreign exchange fees of the banks), which must be borne by you.
- Also in cases where the delivery is made to an EU member state, but the payment is arranged outside the European Union, you will have to pay the costs for the money transfer.
- The payment methods available to you are displayed by clicking on the appropriate button on our website or are disclosed in the respective offer.
- Unless otherwise specified for the respective payment methods, the payment claims from the concluded contract are due immediately.
7. Terms of delivery
- The delivery conditions, the delivery date and any existing delivery restrictions can be found by clicking on the corresponding button on our website or in the respective offer.
- If no delivery conditions are specified, we send the goods within 1-3 working days after receipt of the purchase price and after availability of the items by DHL Päckchen S – without tracking.
- If you are a consumer, the following is regulated by law: The risk of accidental destruction or damage to the item sold during shipping is not transferred to you until the item is delivered, regardless of whether the shipping process is insured or not. This condition does not apply if you have independently commissioned a transport company not named by us or a person otherwise commissioned to carry out the shipping process.
8. Statutory warranty law
Liability for defects is regulated by the “Warranty” provisions in our General Terms and Conditions (Part I).
Revocation instruction for mail order and book trade
Right of withdrawal
- If you are a consumer, you have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not a carrier, took or has taken possession of the last goods.
- To exercise your right of withdrawal, you must (Lunik GmbH, Köpenicker Str. 101, 10179 Berlin, Phone 030 66 77 6740, E-Mail: firstname.lastname@example.org) by inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification about the exercise of the right of revocation before the end of the revocation period.
If you want to cancel the contract, please fill out this form and send it back.
To Lunik GmbH
Köpenicker Straße 101
I/we () hereby revoke the contract concluded by me/us ().
- Ordered on …
- Name of the consumer(s): …
- Address of the consumer(s): …
- Signature of the consumer(s) (only for communication on paper) …
- Date …
(*) Delete the inapplicable.
Consequences of revocation:
- We grant the right of withdrawal only to consumers. It is only valid for the return of original sealed goods.
- If you revoke this contract, we must refund all payments 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 fourteen days from the day on which we receive 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 with you; in no case will you be charged for this repayment. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
- You must return or hand over the goods to us (Lunik GmbH, Köpenicker Str. 101, 10179 Berlin) without delay and in any case within fourteen days at the latest from the day you inform us of the revocation of this contract. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period.
- You bear the direct costs of returning the goods.
- You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.