Terms of Services
1. Scope of application (of the terms of services)
These Terms of Services form the statutory framework for purchasing goods which are distributed by the company Liebling Manufaktur GmbH, below referred to as „Company Liebling Manufaktur“, in its online shop (http://liebling.cc). All business relationships, sales of goods and/or services of the company Liebling Manufaktur and the respective buyer (below „customer“) are subject to these terms of services and explicitly bound by them. Alterations, abatements, and/or additions to these terms of services require consent in a written form by the company of Liebling Manufaktur. This is particularly with regard to proof of evidence. The customer can save and/or print the terms of services.
These terms of services specifically apply to estimates of costs and offers as well as to all contracts concluded by the company Liebling Manufaktur. Hereby, conflicting or deviating terms and conditions of customers are objected. These only then become subject matter of contract if the company Liebling Manufaktur specifically agrees on an individual basis. These terms of services also apply when the company Liebling Manufaktur is fully aware of a customer’s conflicting or deviating terms and conditions in regards to these terms of services but fulfills unreservedly services for the customer. In individual cases written agreements with the customer always precede these terms of services.
2. Formation of a contract between the company Liebling Manufaktur and the customer
Adding an article to the website of the online shop constitutes solely an invitation to a submission of a bid. With his or her purchase, the customer submits a quote with the company Liebling Manufaktur. This quote is only accepted through specific or implied approval in form of shipping the goods. The order confirmation solely reflects what the customers included in his or her quote and does not yet lead to the formation of contract.
A contract can only be concluded with unlimited contractually capable people who have compassed their 18th year and are either residents of the Federal Republic of Germany, of a member state of the EU, or Switzerland. Contracts can also be concluded with legal people who are residing in either the Federal Republic of Germany, of a member state of the EU, or Switzerland.
3. Prices, shipping and handling, payment
All mentioned prices are final prices including the respectively effective value added tax or general sales tax (but exclusive of the shipping costs). The general sales tax will be identified separately. The shipping costs will be mentioned on the relevant pages of the website or shopping cart.
The following payment methods are available for purchases within the Federal Republic of Germany:
via Advance Payment (Cash Remittance)
via Pay Pal
The customer possibly makes use of third-party services in the payment process in which contracts may be concluded between the costumer and the respective third party. In those contracts the terms of services of those third parties can possibly be included. The company Liebling Manufaktur can neither influence the content of these contracts nor are generally aware of the contents. Foreign orders are only processed through the payment method of Advance Payment. In this case, the formation of the contract is solely carried out after German law. The payment is due 14 days after the formation of the contract, as long as there is no other written agreement.
If the customer is in delay of payment, the company Liebling Manufaktur is entitled to declare all demands in the business relation due, to withhold outstanding delivery/services partially/completely or to withdraw from the contract partially/completely.
The shipping cost for foreign orders are as follows:
– Austria: 14,99€
– Switzerland: 26,90€
4. Delivery/Passing of risk
The delivery time and possibly given delivery restrictions are going to show at the identified buttons on the website or in line with the description of the product. The stated delivery time is generally calculated from the moment of formulation of contract.
In case of the customer being an employer/entrepreneur, the shipping and delivery of the product conducts at the risk of the customer. In this case the delivery is passed over to the authorised Logistics partner by the company Liebling Manufaktur.
5. Reservation of proprietary rights
All delivered goods remain the property of the company Liebling Manufaktur until they are paid for in full.
As long as the company Liebling Manufaktur exchanges goods in line with the warranty hereby agreed that the ownership of the goods that are being exchanged alternately passes over in that moment from customer to the company Liebling Manufaktur. This is executed through the sending back of the original goods by the customer and the receipt of the delivery of the exchanged goods.
6. Cancellation policy – Right of Withdrawal
Consumers may withdraw from the contract without giving any grounds and within a period of 14 days. The time limit of 14 days for any assertion of your right of withdrawal begins at the earliest on the day after the reception of the goods by you or a third party other than the carrier, or, in case of partial shipment due to a standardised order your right of withdrawal begins on the day that you or a third party other than the carrier has acquired physical possession of the final partial shipment.
In order to exercise your right of withdrawal, you must inform us about your decision to withdraw from this contract via an unequivocal statement (e.g., a letter mailed to us, a fax, or an email). You may use the attached model form of withdrawal, which is not mandatory to be used. To adhere to the period of revocation, it is sufficient to send the written message concerning the exertion of your right of withdrawal before the revocation period has expired.
Send the revocation to the following address:
Effects of withdrawal
In case of a withdrawal both parties (Company Liebling and customer) are to return any services and any drawn utilisations (f.e. interest). We shall refund all payments we received from you, including delivery costs (except for additional costs arising if you select a delivery method that differs from the most cost-efficient standard delivery offered by us) immediately and no later than within fourteen (14) days from the day on which we received notification of your withdrawal from this agreement. The same payment method that you selected in the initial transaction will be used for the reimbursement, unless expressly agreed otherwise with you; under no circumstances will you be charged a fee for this return. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is received by us first.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will be responsible for the cost of returning goods. The estimated costs within Germany are max. 10 Euro, in Austria max. 20 Euro, and in Switzerland max. 30 Euro.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of withdrawal instruction
To download our cancellation policy press here.
7. Warranty and Limitations of Liability
The company Liebling Manufaktur manufactures its product with due diligence. Customer’s claims due to deficiencies of the purchased good as well as other damage claims shall be governed by statutory provisions, if nothing deviant is settled. For damage claims the following applies:
The company Liebling Manufaktur shall be liable for damages of the customer caused by deliberate intent or gross negligence of the company Liebling Manufaktur or vicarious agents. This also applies in case of culpably caused damages on the life, body, and health of the customer as well as damages falling under the German Product Liability Act. The company Liebling Manufaktur shall only be liable in cases of simple negligence on the condition that an infringement of substantial obligations (contractual/cardinal obligation) occurred. Essential contract obligations are such obligations where fulfilment is necessary for the ordinary execution of the contract, and where customers regularly trust that such obligations are fulfilled. The liability is limited to the foreseeable, typically arising damage. Other than this, any liability of the company Liebling Manufaktur for damage claims shall be excluded, irrespective of legal grounds. The company Liebling Manufaktur is also not liable for any damage caused by services of any third party. This particularly applies in case of claiming of external money services.
If the delivered goods exhibit obvious material or manufacturing defects, which shall also include transportation damages, the customer is asked to file a complaint about such defects as soon as possible. Failure to file this complaint does not have any consequences with respect to your legal claims.
8. Copy Right Law and Brand Protection
The contents in the above legally protected sense are considered all physical items, material, shape and design including data, pictures, texts, fonts, letterings, graphics, and any additional information that arises in connection to production and delivery of the goods through the company Liebling Manufaktur.
9. Applicable Law
For contracts signed on the basis of these General Terms of Services and for claims of all kinds deriving from them the law of the Federal Republic of Germany is exclusively applicable, with the provisions of the United Nations Convention on the International Sale of Goods expressly barred. For any consumer, this choice of law applies only insofar this does not deprive the protection afforded to the customer by the mandatory rules of the law of the country in which the customer has her*his habitual residence.
10. Court of Jurisdiction
For all customers Lenggries shall be the place of performance and jurisdiction for any disputes arising under and in connection with these Terms of Services.
11. Amendments/ Supplements of these Terms of Services
The company Liebling Manufaktur reserves the sole right to at any time amend or supplement these Terms of Services. Amended/supplemented Terms of Services will be sent to the
customer via Email latest four weeks in advance to their legal validity with notice to the intended completion of the amended/supplemented Terms of Services as well as to the customer’s right to object to these amended/supplemented Terms of Services. If the customer does not object within the period before the legal validity to these amended/supplemented Terms of Services or makes use of further services of the company Liebling Manufaktur without any reservations, it is valid as consent with the amended/supplemented Terms of Services. The company Liebling Manufaktur will allude to the definition of failure to object and unconditional claiming of services in combination with the specific Amendment/Supplementation.
12. Offsetting/Right of Retention
The customer may only offset such claims against the Company Liebling Manufaktur as they are undisputed or legally recognized. The customer can only exercise the right of retention in connection to contractual based claims and on the basis of the condition laid out in the first sentence (“Voraussetzungen des Satzes 1“).
13. Data protection
In this respect applies the separate data protection statement following these Terms of Services.
14. Severability Clause
Should any provision of these Terms of Services be invalid the contract and other provisions remain otherwise valid. In lieu of the invalid provision the relevant statutory regulations will apply. In case relevant statutory regulations do not exist, the parties hereto shall negotiate a regulation that meets the original intent and considered interest of the parties as closely as possible to the fullest extent.
Details about the identity of the seller::
Liebling Manufaktur GmbH
Chief Executive Director: Thomas Bacher
Data Protection Declaration:
The company Liebling Manufaktur attaches particular importance the protection of data and privacy. When visiting our shops no data is collected and/or stored. To what extent possibly other external internet service provider, whose internet presence was utilized by you before, collect and/or store data is beyond knowledge and control of the company Liebling Manufaktur. In connection with the order process personal data is exclusively only collected and stored to the extent made available by you. The use and processing of personal data exclusively occurs for the purpose of fulfilling and processing your order and handling requests. Your personal data will be dealt with in the strictest confidence and only disclosed to third parties if this is permitted by the data protection law (this applies in particular to our service partners who require transmission of personal data for the processing of the order and delivery) or your specific consent. In the event of termination of contract or after complete handling of the agreement your data will initially be stored according to mandatory statutory retention periods and after the period your data is immediately deleted, except further storage is legally predefined or you did expressly agree to a further use of the data.
You have at any time and free of charge the right to obtain information about your stored data as well as to correct, to delete, or block these. You can get in touch with us via our stated contact info at any time.