General conditions of sale
These terms and conditions apply to all purchases made from Lucky Hoops – Kira Milena Rahn [Link auf „Impressum”] by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login [Link auf Geschäftskunden-Login].
The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded.
About this you will receive an order confirmation by e-mail to the e-mail address you specified.
Prices and shipping costs
The excellent prices are final prices incl. Sales tax. The amount shown in each case at the time of the binding order shall apply. In addition, there are shipping costs that depend on the shipping method and the size and weight of the item(s) you order. You can find out more about the details at [Link auf „Versandkosten”]. We shall bear the regular costs of the return shipment incurred in the event of a return of the goods by you in exercise of your right of revocation [Link auf „Widerrufsrecht”]. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment is made upon delivery by means of
Default of payment
If you are in default of payment, Lucky Hoops – Kira Milena Rahn is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. In case Lucky Hoops – Kira Milena Rahn can prove that a higher damage caused by delay has occurred, Lucky Hoops – Kira Milena Rahn is entitled to claim such damage.
Right of retention
The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
(1) Delivery is made to the delivery address specified by the customer, within
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Lucky Hoops – Kira Milena Rahn shall not be obliged to perform. Already paid amounts will be refunded by Lucky Hoops – Kira Milena Rahn immediately.
(3) Lucky Hoops – Kira Milena Rahn is also entitled to refuse performance if such performance requires an effort which is grossly disproportionate to the Customer’s interest in the performance of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by Lucky Hoops – Kira Milena Rahn immediately.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. Lucky Hoops – Kira Milena Rahn expressly points out that these goods are not carried into the house.
Cheap shipping method for return
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods to return the goods. This is the easiest and cheapest shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.
Retention of title
The delivered goods remain the property of Lucky Hoops – Kira Milena Rahn until all claims against the customer arising from the purchase contract have been settled in full. As long as this reservation of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
(1) If a product is already defective upon delivery (warranty case), Lucky Hoops – Kira Milena Rahn will, at the Customer’s option and at the expense of Lucky Hoops – Kira Milena Rahn, replace it with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
- a) in case of damage caused to the customer by misuse or improper use,
- b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Lucky Hoops – Kira Milena Rahn further does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer – the customer’s claim shall be limited to the respective other type of supplementary performance. The right of Lucky Hoops – Kira Milena Rahn to refuse also this other kind of supplementary performance under the aforementioned condition shall remain unaffected.
(4) In case of repair as well as in case of replacement the Customer is obliged to return the product at the expense of Lucky Hoops – Kira Milena Rahn stating the order number to the return address provided by the Customer. Before sending the product, the customer must remove any objects inserted by him from the product. Lucky Hoops – Kira Milena Rahn is not obligated to inspect the product for the installation of such items. Lucky Hoops – Kira Milena Rahn shall not be liable for the loss of such items unless it was readily apparent to Lucky Hoops – Kira Milena Rahn at the time the product was taken back that such item had been inserted into the product (in which case Lucky Hoops – Kira Milena Rahn shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred thereby). Customer shall also, before sending a Product for repair or replacement, if applicable, make separate backup copies of the system software, applications and all data on the Product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or replacement product is returned to the customer, it is the customer’s responsibility to install the software and data and reactivate the passwords.
(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for any loss or further deterioration of the goods not caused by the defect as well as for the impossibility to return the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the event of a warranty claim,
- a) if the defect entitling to withdrawal has only become apparent during processing or transformation,
- b) if Lucky Hoops – Kira Milena Rahn is responsible for the deterioration or loss or if the damage would also have occurred at Lucky Hoops – Kira Milena Rahn,
- c) if the deterioration or loss has occurred at the customer’s premises, although the customer has exercised the care that he is accustomed to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the latter, which shall be governed by the relevant warranty conditions.
(9) The legal warranty of Lucky Hoops – Kira Milena Rahn ends two years after delivery of the goods. The period begins with the receipt of the goods.
(1) In case of slight negligence Lucky Hoops – Kira Milena Rahn is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Lucky Hoops – Kira Milena Rahn shall not be liable for any other damage caused by slight negligence due to a defect of the purchased item.
(2) Irrespective of any fault on the part of Lucky Hoops – Kira Milena Rahn, any liability of Lucky Hoops – Kira Milena Rahn in case of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of warranty by Lucky Hoops – Kira Milena Rahn.
(3) Lucky Hoops – Kira Milena Rahn shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.
(4) Excluded is the personal liability of the legal representatives, vicarious agents and employees of Lucky Hoops – Kira Milena Rahn for damages caused by them due to slight negligence.
The contract concluded between you and Lucky Hoops – Kira Milena Rahn shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Sales Convention. This shall not affect the mandatory provisions of the state in which you have your habitual residence.
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [Sitz des Betreibers des Online-Shops].
General information requirements for alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.