General Terms and Conditions (GTC)
1. Scope of Application
1.1 The following General Terms and Conditions (GTC) apply to all contracts between
Tischdecken-Shop Libusch, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster (hereinafter:
"Seller") and consumers and entrepreneurs (hereinafter: "Customers") regarding the goods offered
by the Seller in the online shop Tischdecken-Shop Libusch. The Customer’s terms and conditions
shall not become part of the contract, even if the Seller does not expressly object to them or
remains silent regarding the Customer’s attempt to incorporate them.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that
predominantly are outside his or her trade, business or profession. An entrepreneur is any natural
or legal person or legally recognized partnership who, when entering into a legal transaction,
acts in exercise of their independent professional or commercial activity.
2. Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer but
is an invitation to place an order.
2.2 The Customer submits the offer to conclude a purchase contract via the order form integrated in
the online shop at the end of the specified order process. To do so, the Customer must place the
desired item in the "shopping cart," after which the ordering process continues by clicking the
"Checkout" button. By clicking the "Place binding order" button on the order overview page, the
Customer submits a legally binding offer regarding the purchase of the items contained in the
shopping cart at the stated price plus any additional price components, e.g. shipping costs. All
price components and the total order value are displayed to the Customer in the order overview.
2.3 To place a binding order, the Customer must first accept the General Terms and Conditions.
2.4 Confirmation of receipt of the order is sent by automated email immediately after the order is
submitted. With this confirmation email, the Seller accepts the order, and a purchase contract is
concluded.
2.5 If the Customer selects "PayPal" or "Credit Card" as the payment method, the Customer will be
redirected to the respective payment provider’s page before completing the order. Afterwards, the
Customer must click the "Place binding order" button on the page tischdecken-shop.libusch.de to
submit a binding order.
2.6 The processing of the order and the transmission of all information necessary in connection
with the conclusion of the contract will be carried out partly by automated email. You must
therefore ensure that the email address you provided to us is correct, that the receipt of emails
is technically ensured, and in particular, not prevented by SPAM filters.
4. Prices and Shipping Costs
4.1 The prices stated in the online shop include statutory value-added tax (VAT).
4.2 Any additional shipping costs will be indicated separately.
4.3 For orders with a value of €100.00 or more, delivery within the Federal Republic of Germany is
free of shipping costs. If the order value falls below €100.00 after the revocation of part of the
order, the exemption from shipping costs no longer applies.
5. Terms of Payment
5.1 The prices listed in the respective offers as well as the shipping costs represent total
prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be accessed via a
correspondingly designated button on our website or in the respective offer, will be shown
separately during the ordering process, and are to be borne by you in addition, unless free
shipping has been promised.
5.3 If delivery is made to countries outside the European Union, additional costs may be incurred
that we are not responsible for, such as customs duties, taxes or money transfer fees (transfer or
exchange rate fees charged by credit institutions), which must be borne by you.
5.4 Any costs of money transfer (transfer or exchange rate fees charged by credit institutions)
must also be borne by you in cases where delivery is made to an EU member state but payment is
initiated outside the European Union.
5.5 The payment methods available to you are indicated under a correspondingly designated button on
our website or in the respective offer.
5.6 Unless otherwise specified for the individual payment methods, payment claims arising from the
concluded contract are due immediately.
6. Delivery
6.1 The delivery conditions, delivery time as well as any existing delivery restrictions can be
found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, the law stipulates that the risk of accidental loss or accidental
deterioration of the sold goods during shipment passes to you only upon delivery of the goods,
regardless of whether the shipment is insured or uninsured. This does not apply if you have
independently commissioned a transport company not named by the entrepreneur or another person
designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Transfer of Risk
The place of performance is the registered office of the online shop if the customer is not a
consumer. If the seller ships to customers who are not consumers, the risk passes upon delivery of
the goods to the carrier. If the seller ships to customers who are entrepreneurs, the risk passes
upon delivery of the goods to the carrier. For consumers, the seller bears the risk of damage
during transportation.
8. Return Costs in the Event of Withdrawal
If the customer exercises his right of withdrawal, he shall bear the regular costs of the return,
unless the delivered goods do not correspond to the ordered goods.
9. Warranty
For consumers, the statutory warranty provisions apply. For entrepreneurs, the limitation period
for claims for defects in the goods is one year from the transfer of risk. The statutory
limitation periods for the right of recourse under § 478 BGB remain unaffected; the same applies in
cases of intentional or grossly negligent breach of duty by the seller and in cases of fraudulent
concealment of a defect.
10. Retention of Title
10.1 For consumers: The goods remain the property of the seller until full payment has been
received.
10.2 For entrepreneurs: The goods remain the property of the seller until full payment has been
received. Furthermore, the seller retains ownership until all his claims arising from the business
relationship with the customer have been fulfilled. The customer may not pledge or assign by way of
security any items subject to retention of title. Resale in the ordinary course of business is
permitted to the customer only on the condition that the customer has effectively assigned to the
seller his claims against his buyers arising from the resale, and that the customer sells the goods
to his buyer subject to retention of title. By concluding the contract, the customer assigns his
claims from such resales against his buyers to the seller as security, and the seller accepts this
assignment at the same time.
11. Right of Set-off and Retention
For entrepreneurs: The customer is entitled to set-off only if the counterclaim is undisputed,
legally established, or acknowledged by the seller. The customer may exercise a right of retention
only to the extent that it relates to claims arising from the same contractual relationship.
12. Applicable Law
All legal relationships between the contracting parties shall be governed by the law of the Federal
Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law applies only insofar as the protection granted is not withdrawn
by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13. Jurisdiction
For entrepreneurs: If the customer is a merchant, a legal entity under public law, or a special
fund under public law, the exclusive place of jurisdiction for all disputes arising from this
contract is the seller’s place of business. The same applies if the customer has no general place
of jurisdiction in Germany or if the customer’s residence or habitual residence is unknown at the
time of filing the action. The right to also bring an action before another court of statutory
jurisdiction remains unaffected.
B. Right of Withdrawal / Customer Information
I. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by
you, who is not the carrier, have taken possession of the goods. To exercise your right of
withdrawal, you must inform us, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster,
info@Tischdecken-Shop Libusch, Phone: + 49- 251- 60656913, Fax:
49- 251-
6743675, of your decision to
withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or
email).
You may use the attached model withdrawal form, but it is not mandatory. If you use this option, we
will immediately (e.g. by email) send you confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the
right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you,
including delivery costs (with the exception of additional costs resulting from your choice of a
different type of delivery than the least expensive standard delivery offered by us), without undue
delay and at the latest within fourteen days from the day on which we receive notification of your
withdrawal from 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 fees because of this repayment. We may withhold repayment 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 immediately and in any event not later than fourteen
days from the day on which you notify us of the withdrawal of this contract. The deadline is met if
you send back the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what
is necessary to establish the nature, characteristics and functioning of the goods.
End of Withdrawal Instructions.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
- To Tischdecken-Shop Libusch, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster,
info@Tischdecken-Shop Libusch
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the
following goods (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate
Withdrawal Form (PDF)
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not
prefabricated and for the production of which an individual choice or specification by the consumer
is decisive, or which are clearly tailored to the personal needs of the consumer.
II. Customer Information
1. Identity of the Seller
Tischdecken-Shop Libusch
Dr. Gerlinde Lütke Notarp
Lohausweg 30
48145 Münster
Phone: 0251/1445679
Fax: 0251/6743675
e-mail: info@Tischdecken-Shop Libusch
Tax number: 336/5006/4955
VAT ID No.: DE258802436
2. Essential Characteristics of the Goods/Services
The essential characteristics of the goods/services can be found in the product descriptions. The
goods to which the purchase contract relates are again listed in the shopping cart and on the order
page.
3. Conclusion of Contract
Section 2 of the General Terms and Conditions explains the conclusion of the contract.
4. Technical Steps Leading to the Conclusion of the Contract
4.1 On the overview and product detail pages, the customer can select the respective product for
ordering by clicking the "Add to cart" button. Once the customer has added the desired goods to the
shopping cart, they can view them in the cart. From the "Cart" page, the customer can proceed to
the further order process by clicking the "Proceed to next step" button. The customer then has the
option to log into their customer account with their username and password, if already available.
Alternatively, the customer can now open a customer account or continue the order as a guest
without creating a customer account. After entering personal data and selecting the shipping and
payment method, the customer is taken to the order overview. On the order overview page, the goods
ordered as well as the final price including shipping costs are displayed to the customer once
again. An order can then be placed if the customer confirms acceptance of the General Terms and
Conditions by clicking the corresponding checkbox.
By clicking the "Place binding order" button, the customer makes a binding contractual
declaration.
4.2 If the payment option "PayPal" is selected, the customer is redirected to the "PayPal" page
before clicking the "Place binding order" button. Once the payment instruction has been made, the
customer is redirected back to the shop page.
4.3 If the payment option "Credit Card" is selected, the customer is redirected to the page of the
respective credit card provider after clicking the "Place binding order" button. Once the payment
instruction has been made, the customer is redirected back to the shop page.
4.4 The acceptance of the customer’s contractual offer by the seller is carried out in accordance
with Section 2 of the seller’s General Terms and Conditions (see above).
5. Detecting and Correcting Input Errors Before Submitting the Contract Declaration
On the "Cart" page, the customer is shown the quantity and price of the goods placed in the cart.
Before submitting the binding order, the customer has the option to change the quantity of goods
ordered by clicking on the field indicating the order quantity and/or to remove goods from the cart
by clicking on the "Remove" field. The customer must then click the "Update cart" button to save
their changes.
6. Storage of the Contract Text, Access to the Contract Text
After conclusion of the contract, the contract text is stored by the seller. The contract text will
also be sent to the customer by email at the latest upon acceptance of the offer. If the customer
has created a customer account before placing the order, the contract text can be accessed free of
charge by the customer via their password-protected customer account using the corresponding login
data.
7. Contract Language
The contract language is German.
Status: January 12, 2024