General terms and conditions
lugema GmbH, Ostberger Str. 70b, D-58239 Schwerte, entered in the commercial register of the district court of Hagen under HRB 12592, represented by Lukas Hottelmann called Bremenkamp and Markus Simon, VAT identification number: DE342208960 - hereinafter "lugema GmbH" .
§ 1 Scope, Definitions
(1) For the business relationship between lugema GmbH and the customers referred to in paragraph 2 - hereinafter "you" - the following general terms and conditions apply exclusively in the version valid at the time of the order. This applies both to orders via the online shop (https://ecofy.green/) and to purchases that you make in our warehouse store. If you have deviating general terms and conditions, lugema GmbH will not recognize them unless lugema GmbH expressly agrees to their validity in writing.
(2) The offer from lugema GmbH is aimed exclusively at consumers. You are a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to your commercial or self-employed professional activity. On the other hand, an entrepreneur is: any natural or legal person or partnership with legal capacity who would act in the exercise of their commercial or independent professional activity when concluding the contract.
(3) lugema GmbH sells auxiliary and care products exclusively via online marketplaces, its own websites or its own warehouse store. If there are commercial sales offers from third parties for new lugema goods, lugema GmbH hereby points out that such offers are neither permitted, promoted nor approved by lugema GmbH and that there is no connection whatsoever to lugema GmbH.
§ 2 Conclusion of contract in the online shop
(1) In the online shop at https://ecofy.green/ ("Online shop") you can select from the range of lugema products, in particular auxiliary and care products, and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking the "Buy" button, you make a binding offer to purchase the goods in the shopping cart, including these General Terms and Conditions. Before sending the order, you can change and view your order data at any time.
(2) If you use one of the direct payment buttons (e.g. from PayPal or Klarna) in the shopping cart or the express checkout in the checkout area, you will be forwarded directly to the login on the page of the respective payment provider. You complete the payment and in some cases - depending on the payment provider - also the purchase there.
(3) lugema GmbH will then send you an automatic order confirmation by e-mail, in which your order is listed again and which you can print out using the “Print” function on your end device. This automatic order confirmation only documents that your order has been received by lugema GmbH and does not represent acceptance of your contract offer. The contract is only concluded when lugema GmbH submits the declaration of acceptance. This will be sent by email in the form of a shipping confirmation as soon as the goods have been handed over to the transport company. In this e-mail, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to you by lugema GmbH on a permanent data carrier (e-mail) (confirmation of contract). The text of the contract is stored in compliance with data protection.
§ 2a Conclusion of contract in the warehouse store
(1) If you have decided on a product in the lugema GmbH warehouse store, you can order it by contacting a lugema GmbH employee who is present. For this you need a lugema GmbH customer account. If you don't have one yet, one will be created for you.
(2) Your order is recorded electronically and assigned to your customer account. You then pay for the goods using one of the means of payment specified in Section 6 (3). You will then receive an e-mail confirming receipt of your order together with the payment receipt as an attachment.
(3) Your goods ordered in the warehouse store (with the exception of the cases described in paragraph 4) will not be handed over to you immediately, but will be sent from the lugema GmbH warehouse. Your order will be processed in the lugema GmbH ordering system like an order via the online shop. Section 2 paragraphs 2 and 3 apply accordingly.
(4) For goods that are available in the warehouse store for immediate take away (e.g. some accessories), the contract is concluded immediately and you will receive the goods immediately after payment.
§ 2b contract language
The conclusion of the contract in all variants (§§ 2a) takes place in German or English.
§ 3 Delivery, availability of goods
(1) Delivery times specified by lugema GmbH are calculated from the time of the automatic order confirmation, provided the purchase price has been paid in advance. The delivery time is 10 days, unless a different delivery time is specified for the respective product in the online shop.
(2) If it is temporarily or permanently impossible for lugema GmbH to deliver the product you have selected, lugema GmbH will inform you of this by email. A contract is not concluded in this case.
(3) The following delivery restrictions apply: lugema GmbH delivers from this shop worldwide, with the exception of delivery addresses in the USA and Canada. lugema GmbH reserves the right to temporarily or permanently exclude other countries from delivery due to political events or other circumstances. You will be informed of this on the lugema GmbH website.
§ 4 Retention of title
The delivered goods remain the property of lugema GmbH until full payment has been made.
§ 5 Prices, shipping costs and other costs
(1) All prices stated on the lugema GmbH website include the applicable statutory sales tax.
(2) You can find general information about shipping costs on the "Shipping costs" subpage on the lugema GmbH website or in the ordering process in the online shop. The specific shipping costs for your order will be displayed to you during the ordering process. They are to be borne by you unless you make use of your right of withdrawal. From a goods order value of 20 EUR and for all orders in the warehouse store, lugema GmbH delivers free of charge.
(3) The goods are shipped by parcel post. If you are a consumer, lugema GmbH bears the shipping risk in accordance with the statutory provisions.
(4) In the event of a cancellation, you have to bear the direct costs of the return shipment.
(5) Deliveries to countries outside the EU may incur import duties. The resulting costs (including those charged by the transport company) are to be borne by you.
§ 6 Payment modalities
(1) You can pay in the online shop using the following payment methods: credit card (Visa, Mastercard), Klarna (bank transfer), PayPal, Amazon Pay, Apple Pay, Google Pay and iDEAL (if you live in the Netherlands). If you are redirected to your payment provider's page during the payment process, please also note the general terms and conditions of the respective payment provider.
(2) In the warehouse store you can only pay in advance. A printed invoice will be presented to you.
(3) You can change the payment method stored in your customer account at any time.
§ 7 Warranty for material defects, no guarantee
(1) lugema GmbH is liable for material defects in accordance with the applicable statutory provisions on consumer protection and warranty law.
(2) There is no additional (no-fault) guarantee with regard to the goods delivered by lugema GmbH.
§ 8 Liability
(1) Claims against lugema GmbH for damages are excluded. Excluded from this are your claims for damages from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations). Liability for other damages based on an intentional or grossly negligent breach of duty by lugema GmbH, its legal representatives or vicarious agents is also excluded. Essential contractual obligations (cardinal 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, lugema GmbH is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless it is a matter of 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 lugema GmbH if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if lugema GmbH 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.
§ 9 Revocation of the purchase contract
(1) Cancellation policy
Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction. Below you will find a brief explanation of your right of withdrawal (a), the consequences of the withdrawal (b) and a sample withdrawal form (c).
a) Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform lugema (lugema GmbH, Ostberger Str. 70b, 58239 Schwerte, Germany, firstname.lastname@example.org, telephone: +49 (0)2304 3079724) by means of a clear statement (e.g. a with a letter sent by post, an email or a message via the contact form) of your decision to withdraw from the contract. You can use the attached model cancellation form for this, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
b) Consequences of revocation
If you revoke this contract, lugema GmbH will owe you all payments that it has received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you choose a different type of delivery than that offered by lugema GmbH , you have chosen cheapest standard delivery) immediately and at the latest within fourteen days from the day on which lugema GmbH received notification of your cancellation of this contract. For this repayment, lugema GmbH uses the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. lugema GmbH can refuse repayment until lugema GmbH has received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.
You have the goods immediately and in any case no later than fourteen days from the day on which you inform lugema GmbH about the cancellation of this contract
lugema GmbH, Ostberger Str. 70b, D-58239 Schwerte
to send back. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
|c) Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back.) - To lugema GmbH, Ostberger Str. 70b, D-58239 Schwerte, email@example.com - Hereby cancel(n ) I/we (*) the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) – Ordered on (*)/received on (*) – Name of /the consumer(s) - address of the consumer(s) - signature of the consumer(s) (only in the case of notification on paper) - date
(*) Delete where not applicable.
(2) Returns portal
In addition to the revocation according to the above revocation instruction (paragraph 1), lugema GmbH allows you a simplified processing of your return if you wish: If you register your return via the returns portal, you will receive a prepared package label (return label) with which you can return your package to DHL without separate payment can be made. The shipping costs incurred by lugema GmbH as a result will be deducted from the purchase price to be refunded. They are a flat rate of €3.50 for returns from Germany and €8.90 internationally.
You will be reimbursed for any outward shipping costs paid in the web shop when you return the complete order.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between lugema GmbH and you, excluding the UN sales law and any provisions of private international law. Mandatory statutory provisions restricting the choice of law and the applicability of provisions, in particular those of the state in which you as a consumer have your habitual residence, remain unaffected.
(2) If you are 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 you and lugema GmbH is the registered office of lugema GmbH.
(3) 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.
As of February 13, 2023