Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Contract Term and Termination for Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of LMT Labs UG (limited liability) (hereinafter “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.5 Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to deliver to the Customer the contractually owed goods for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby already declares acceptance of the Customer’s offer at the time when the Customer clicks the button that completes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment processing shall be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby already declares acceptance of the Customer’s offer at the time when the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer submits their order. The Seller does not provide any access to the contract text beyond this. If the Customer has set up a user account in the Seller’s online shop prior to submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the relevant login data.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by financial institutions (e.g., transfer fees, exchange rate fees) or import duties/taxes (e.g., customs duties). Such costs may also 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 payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment processing shall be carried out via PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller offers payment methods via PayPal in which the Seller makes advance performance vis-à-vis the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit assessment using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative assessment result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or to the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For processing payments, Stripe may use additional payment services for which special payment conditions may apply, to which the Customer may be separately notified. Further information on “Shopify Payments” is available on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provision made in the Seller’s withdrawal policy applies in the event the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out shipment, if the Customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will undertake all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 Self-collection is not possible for logistical reasons.

6) Contract Term and Termination for Subscription Contracts

6.1 Subscription contracts are concluded for a fixed term for the contract duration shown in the respective product description in the Seller’s online shop and end automatically upon expiry of the contract term.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Terminations may be made in writing, in text form (e.g., by e-mail), or electronically via the termination facility (termination button) provided by the Seller on its website.

7) Retention of Title

If the Seller makes advance performance, it reserves title to the delivered goods until full payment of the purchase price owed has been made.

8) Liability for Defects (Warranty)

Unless otherwise provided by the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller may choose the type of subsequent performance;
• in the case of new goods, the limitation period for defect claims is one year from delivery of the goods;
• in the case of used goods, defect claims are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 The liability limitations and shortened limitation periods set out above shall not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
• for any obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this request, this has no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

The Seller shall be liable to the Customer for claims for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tort claims, as follows:

9.1 The Seller shall be liable without limitation on any legal basis

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the typical, foreseeable damage, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

9.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

10.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent set-off is not possible.

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

11.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

11.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent set-off is not possible.

11.4 Only one Gift Voucher can be redeemed per order.

11.5 Gift Vouchers may only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.7 The balance of a Gift Voucher is neither paid out in cash nor does it bear interest.

11.8 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

12) Applicable Law

12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

13) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s place of business.

14) Alternative Dispute Resolution

The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.