Terms of service
TERMS OF SERVICE
1 Basic Provisions
(1) These General Terms and Conditions (GTC) apply to orders from consumers (Section 13 BGB) and entrepreneurs (Section 14 BGB) via the online shop www.lotao.com (hereinafter “Shop”). The operator of the shop and thus the seller is LPP Lotao Pack- und Produktions GmbH (hereinafter referred to as “supplier”).
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. Entrepreneurs and consumers are referred to as "customers" insofar as uniform regulations are to be applied to them below.
2 Formation of the contract
(1) The contract is concluded with the provider.
(2) The presentation of the goods in the shop and the granting of the option to place an order do not yet constitute a binding offer from the provider. Only the order represents an offer to us to conclude a purchase contract.
(3) The customer can place the desired products in the "shopping cart" and then use the corresponding button to go to the "checkout". Before submitting his order declaration, all data is displayed on an order overview. Here the customer can recognize and change input errors.
(4) By clicking on the "Order now with obligation to pay" button, the customer submits his binding contractual declaration, with which he accepts the offer of the provider and agrees to the general terms and conditions.
If the customer places an order in this way, the provider sends an e-mail to the specified e-mail address, with which he confirms receipt of the order and lists its details (order confirmation). This order confirmation does not represent acceptance of the offer, but only informs that the order has been received by the provider. A sales contract with the provider is only concluded when the ordered product is sent to the customer and the dispatch is confirmed with a second e-mail (order confirmation).
(5) Contract language is German.
(6) The text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer either in the course of the transmission of the order confirmation, but at the latest upon delivery of the goods, on a durable medium (e-mail or paper printout).
3 Prices, shipping costs and terms of delivery
(1) The prices stated in the online shop include statutory VAT and other price components. In addition, there are shipping costs, which depend on the type of shipping and the size and weight of the ordered goods and are shown during the ordering process and before the binding submission of the offer. The details are available under payment methods & shipping. The regulations on shipping costs in the event of exercising a right of withdrawal can be found here.
(2) The provider only bears the shipping risk if the customer is a consumer.
(3) Delivery is only possible within the Federal Republic of Germany.
(4) Delivery to packing stations is possible within Germany. A pickup is not possible.
(5) If force majeure (natural disasters, war, civil war, terrorist attack, pandemic, strike, lockout, embargo, etc.) makes delivery or any other service permanently impossible, the provider's obligation to perform is excluded. Amounts already paid will be refunded immediately by the provider.
4 Payment, Delay
The customer can pay by credit card, PayPal, PayPal Express, Klarna purchase on account, Google Pay and Apple Pay. When paying with a credit card, the provider is authorized to collect the amount owed from the specified credit card account by providing the credit card number in the order. Otherwise, you will be redirected to the website of the respective payment service provider. Registration is usually required there.
(1) The statutory right to liability for defects shall apply. In principle, the provider does not give any guarantee or guarantee-like assurance for the quality of the goods. The warranty period for entrepreneurs is 12 months from the transfer of risk.
(2) The warranty is excluded for defects caused by the customer. This is particularly the case with improper handling.
6 Retention of Title
(1) The goods remain the property of the provider until all claims against the customer have been settled in full.
(2) Special rule for entrepreneurs:
As long as the retention of title exists, the customer may not use the goods resell nor dispose of the goods, unless the customer notifies the provider of the intention to sell/dispose of the goods in good time, stating the name or company and the exact (business) address of the recipient and the provider agrees to the sale.
If the provider agrees, the customer assigns all claims in the amount of the amount still to be settled to the provider as security. The customer remains authorized to collect. However, the provider is entitled to inform the recipient of this assignment at any time.
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The provisions of the Product Liability Act remain unaffected.
8 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. The provider is not willing and not obliged to participate in dispute settlement procedures before a consumer arbitration board.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(4) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.