Terms and Conditions

Terms and Conditions with customer information

Table of Contents

scope
contract
Withdrawal
Prices and terms of payment
Shipping and delivery conditions
Retention of title
transport damage
Warranty & Guarantees
liability
Applicable law
jurisdiction
Alternative Dispute Resolution
Dropshipping mediation
Free products
Currency Converter
Prices and Taxes


1) Scope

1.1 These Terms and Conditions (successor "Conditional") Lumikay (Successor "Seller") Applies to all contracts concerning the delivery of goods by a consumer or agent (after "Customer") with the Seller in relation to the Seller in your domain online This excludes the inclusion of the customer's own terms and conditions, as soon as nothing else is.

1.2 Consumption within the meaning of these terms and conditions is any natural person who concludes a legal transaction for the purpose of going beyond their ordinary person, but can also perform their own professional activity. Entrepreneur is a legal person or a legal person who acts in the exercise of a legal transaction in the exercise of his professional activity.

2) Conclusion of the contract:

The purchase contract comes with MK Investment Holding GmbH.

2.1 The product descriptions stated in the online shop of the seller do not constitute binding offers by the seller, which offer the customer a binding offer.

2.2 the customer can submit the offer via the online order form, which is set up in the seller's online shop. In this case, the customer has entered into a contract in which the seller has entered into a contract in which he is instructed to commission the seller. Immediately after sending the order you will receive a confirmation by e-mail.

2.3 the seller can accept the offer of the customer within five days,

• by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive,
• or by delivery of the ordered goods to the customer, in which case the access of the goods to the customer is decisive,
• or by asking the customer to pay after submitting his order.
In more than one of the above-mentioned alternatives, the contract enters into force at the time when one of the aforementioned alternatives first occurs. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his letter of intent.
 
2.4 When placing an offer via the seller's online order form, the contract text will be stored by the seller and sent to the customer in writing (eg e-mail, fax or letter) in addition to these Terms and Conditions. In addition, the contract text is archived on the seller's website and can be retrieved by the customer through his password-protected customer account with the appropriate login details, provided that the customer has a customer account in the online store before submitting his order.


2.5 Before placing the order on the seller's online order form, the customer may detect possible typing errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the expansion function of the browser, with the aid of which the display on the screen is enlarged. As part of the electronic order process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that ends the ordering process.

2.6 Contract language, contract text storage
The languages ​​available for the contract are German and English.

2.7 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned with the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are basically entitled to the right of withdrawal.

3.2 For further information on the right of withdrawal, see the cancellation policy of the seller.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including VAT. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2 for deliveries to countries outside the European Union may incur additional costs in individual cases, for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges). These costs may arise in connection with the transfer of funds, even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. If import duties or taxes (eg customs duties) for customers in the european union are incurred, they will be taken over by the seller.

4.3 the payment option (s) will be communicated to the customer in the online shop of the seller.

4.4 PayPal: If the payment is made using a payment method offered by PayPal, the payment will be made via the payment service PayPal (Europe) S. à r.l. et Cie, SCA, 22-24 Boulevard Royal, I-2449 Luxembourg (hereinafter "PayPal") under the terms of the PayPal Terms of Use. Available at https://www.PayPal.com/webapps/MPP/UA/useragreement-full or-if the customer does not have a PayPal account-under the terms of payments without a PayPal account, available at https: // www. PayPal.com/en/webapps/MPP/UA/privacywax- Full.

4.5 Klarna: if you select the payment method "immediately", the payment is processed via the Payment Service Provider sofort GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to pay the invoice amount "immediately", the customer must have a Pin / Tan Online Banking account, which is activated to participate in "immediate", legitimizes itself during the payment process and the payment order vis-à-vis " sofoert "has. to confirm. The payment process is carried out immediately after "immediate" and the customer's bank account is debited. For more information about the instant payment method, visit https://www.Klarna.com/sofort/.

4.6 Credit card: By submitting the order, you will transmit your credit card details to our credit card payment titer `` Stripe'' at the same time.
After your legitimacy as a legitimate cardholder, he will ask your credit card company to initiate the payment transaction immediately after placing the order. The payment transaction is automatically performed by the credit card company and charged to your card. Further information can be found at https://www.stripe.com/


5) Shipping and delivery conditions

5.1 the delivery of the goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller's performance had announced a reasonable time in advance.

5.3 We deliver only in transit. Unfortunately, a self collection of the product is not possible.

6) Retention of title

If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchase price due.

7) Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.

8) Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply.
For used goods: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty as well as malice,
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, as far as agreed or
• as far as the scope of the product liability law is opened.

Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
Customer Service: Our Customer Service can be reached by email from Monday to Saturday 0-24 am [support@lumikay.com]

9) Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• with guarantee promise, if agreed, or
• as far as the scope of the product liability law is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.

10) Applicable law

All legal relationships of the parties are governed by the law of the Republic of Austria to the exclusion of the laws governing the international purchase of movable 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.


11) Jurisdiction

If the customer acts as a merchant, legal entity under public law or public special fund with its seat in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is located outside the territory of the Republic of Austria, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or the claims arising from the contract are the professional or business activity of the customer. In the above cases, however, the seller is in any case entitled to call the court at the customer.

12) Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), available here https://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.


13) Dropshipping negotiation
This shop is a dropshipping shop. This means we send the items directly to you from the manufacturer in the east. You agree that we may submit your information to our manufacturer, who will then handle the production and shipping.

12. Free products.
Free products can only be redeemed with a valid promotion and in combination with an order. In case of a return of the order you are not allowed to keep the free product. If you return a package without the free product, the value of the free product will be deducted from the purchase price to be refunded.

13. By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency." 

 

14. All Prices are include VAT and exclusive shipping costs