Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Governing Law
10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Lineage – Sven Folchert & Carlos Wenzel García GbR (hereinafter “the Seller”) apply to all contracts for the supply of goods concluded between a consumer or business (hereinafter “the Customer”) and the Seller in respect of the goods displayed 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 For the purposes of these Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.3 For the purposes of these Terms and Conditions, a ‘business customer’ means a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their trade or in the course of their independent professional activity.

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 are intended to enable the customer to make a binding offer.

2.2 The customer may submit an offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods contained in the shopping basket by clicking the button that finalises 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 email), in which case the date on which the customer receives the order confirmation shall be decisive, or
• by delivering the ordered goods to the customer, in which case the date on which the customer receives the goods shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If more than one of the above alternatives applies, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer 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 result that the customer is no longer bound by their declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed by 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 Service, 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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable during the online ordering process, the seller hereby accepts the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When a customer submits an offer via the Seller’s online order form, the text of the contract is stored by the Seller once the contract has been concluded and is sent to the customer in writing (e.g. by email, fax or post) after the customer has submitted their order. The Seller will not make the text of the contract available in any other way.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which can be used to enlarge the display on the screen. During the online ordering process, the customer can use the standard keyboard and mouse functions to correct their details until they click the button that completes the order.

2.7 The contract can be concluded in a variety of languages. The specific language options are displayed in the online shop.

2.8 Orders are generally processed and communication handled via email and an automated order processing system. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails 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 details regarding the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of 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 Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices. No VAT is payable, as the seller is exempt from VAT as a small business. Any additional delivery and postage costs will be specified separately in the relevant product description.

4.2 BFor deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs associated with money transfers via financial institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the money transfer even if the payment is not being made to a country outside the European Union, but the customer is making the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the customer in the seller’s online shop.

4.4 If you select a payment method offered via the “PayPal” payment service, the payment will be processed by PayPal, which may also use the services of third-party payment service providers for this purpose. Where the seller also offers payment methods via PayPal under which they make an advance payment to the customer (e.g. purchase on account or payment by instalments), they assign their claim for payment in this respect to PayPal or to the payment service provider appointed by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer’s chosen payment method in the event of a negative verification result. If the chosen 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 may only make payment to PayPal or the payment service provider appointed by PayPal in a manner that discharges the debt. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and returns, or credit notes.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments are displayed to the customer in the seller’s online shop. Stripe may use other payment services to process payments, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.6 If a payment method offered via the “Apple Pay” payment service is selected, the payment will be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods available via Apple Pay will be displayed to the customer in the seller’s online shop. Apple may use other payment services to process payments, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.7 If a payment method offered via the “Google Pay” payment service is selected, the payment will be processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The specific payment methods offered via Google Pay will be displayed to the customer in the seller’s online shop. Google may use other payment services to process payments, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.

5) Delivery and Shipping Terms

5.1 If the seller offers to dispatch the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall be decisive. Notwithstanding the above, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be 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 to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the goods sold generally passes to the customer or an authorised recipient only upon handover of the goods.  Notwithstanding the above, the risk of accidental loss or accidental deterioration of the goods sold passes to the customer, even in the case of consumers, as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment to do so and the seller has not previously informed the customer of this person or organisation.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or non-compliant supply from its own suppliers. This applies only where the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded without delay.

5.5 For logistical reasons, collection in person is not possible.

6) Retention of Title

If the seller delivers the goods in advance, they reserve title to the goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise specified in the provisions below, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.1 If the customer is acting as a business,

• the seller may choose the form of remedy;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for second-hand goods, claims for defects are excluded;
• the limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 The limitations of liability and shortened limitation periods set out above do not apply

• for claims by the customer for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods which have been used in accordance with their normal intended use in a structure and have caused its defectiveness,
• for any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, in the case of business owners, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the customer is acting as a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.

7.5 If the customer is acting as a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure to do so will not affect their statutory or contractual rights in respect of defects.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The seller shall be fully liable on any legal grounds

• in cases of wilful misconduct or gross negligence,
• in cases of wilful or negligent injury to life, limb or health,
• on the basis of a warranty, unless otherwise specified,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, for the fulfilment of the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the customer may regularly rely.

8.3 In all other respects, the seller shall not be liable.

8.4 The above provisions regarding liability also apply in respect of the Seller’s liability for its vicarious agents and legal representatives.

9) Governing Law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal in the case of consumers who, at the time the contract is concluded, are not nationals of 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.

10) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.