Terms of service
§ 1 Scope of application
The following GTC (General Terms and Conditions) apply to all purchase contracts concluded via our webshop under the domain “www.loumawa.de”. The contractual partner is:
loumawa
Winterbergstraße 143
01237 Dresden
Managing Director: Ms. Lou-Ann Marisa Walpert
(Customer support by e-mail only)
Web: www.loumawa.de
E-mail: team@loumawa.de
§ 2 Subject matter of the contract
The goods listed in our webshop represent a non-binding catalog of goods.
§ 3 Conclusion of contract
The customer can place goods from our product catalog in his shopping cart by confirming the “Add to cart” button, provided the goods are in stock. By clicking the “Order with obligation to pay” button, the customer submits a binding offer to purchase the goods in the shopping cart. Confirmation of receipt of the order and acceptance of the order is sent by automated e-mail immediately after the shopping cart has been sent. The contract for the purchase of the goods is concluded by this order confirmation.
Before clicking on the “Order with obligation to pay” button, the customer can check the contents of the shopping basket and the personal data provided and make changes at any time by selecting the relevant order step and correcting input errors.
§ 4 Prices, payment
The prices quoted by us are gross prices including all statutory price components including the applicable VAT plus shipping costs. The amount of the shipping costs can be found under the menu item “Delivery”. The actual shipping costs incurred will be displayed to the customer before the order process is completed.
The following payment methods can be selected: Paypal, prepayment (bank transfer) and payment with KLARNA.
§ 5 Right of withdrawal
Customers who are also consumers have a statutory right of withdrawal in distance selling. Consumers are natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business or profession. Information on the right of withdrawal, in particular on conditions, deadlines and procedures for exercising the right of withdrawal as well as the sample withdrawal form can be found under the menu item “Right of withdrawal”. The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery. Opened and used cosmetics can no longer be returned for reasons of hygiene if they are normally applied directly to the body, e.g. lipsticks. The customer should therefore consider whether they wish to keep the product before using it.
§ 6 Shipping
The goods offered by us are dispatched within 3-8 working days after receipt of payment.
§ 7 Liability for defects
The customer's liability for defects is governed by the statutory provisions.
§ 8 Exclusion of liability
Claims of the customer for damages are excluded, unless they are claims for damages arising from injury to life, limb or health, or liability for other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical of the contract, unless the customer's claims for damages are based on injury to life, limb or health.
§ 9 Retention of title, offsetting
If the customer is a consumer, we reserve title to the purchased item until the purchase price has been paid in full. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of sale until all outstanding claims arising from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
The customer shall only have a right of set-off if the counterclaims have been legally established or are undisputed or recognized by us and are based on the same contractual relationship.
§ 10 Storage of contract text
We store the text of the contract and the customer's data required to process the purchase contract; we do not pass on this data to third parties without authorization. The data will be deleted after completion of the contract and after expiry of the statutory warranty rights. The customer can ask us at any time and by any possible means of communication whether and which data we have stored.
§ 11 Final provisions
All contracts with us are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The choice of law shall only apply to consumers insofar as this does not restrict any consumer-protecting standards of the home country (principle of favorability). For all legal transactions in which a consumer is not involved, our registered office is agreed as the place of jurisdiction.