1. Scope
These General Terms and Conditions apply to all orders placed by consumers through the LUXMØRTIS online shop.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
2. Contracting Party and Conclusion of Contract
The purchase contract is concluded with:
LUXMØRTIS
Owner: Danylo Fedorov
Donnerschweer Str. 129
26123 Oldenburg
Germany
Email: support@luxmørtis.com
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
The customer may add the desired products to the shopping cart and review and correct their entries at any time before submitting the order.
By clicking the “Place order with obligation to pay” button or another button with equivalent and unambiguous wording, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
The order receipt confirmation sent automatically immediately after the order has been received merely confirms receipt of the order and does not yet constitute acceptance of the offer.
The purchase contract is concluded when LUXMØRTIS expressly accepts the offer or dispatches the goods.
After conclusion of the contract, the contract text is stored by LUXMØRTIS. The order details are sent to the customer by email. Customers with a customer account can also view their order details in their account.
3. Prices and Payment
All prices displayed in the online shop are final prices and are stated in euros.
In accordance with Section 19 of the German Value Added Tax Act (UStG), VAT is not charged or shown separately.
Any additional shipping costs are displayed to the customer before the order is placed.
The available payment methods are displayed during the checkout process.
4. Delivery and Shipping
Delivery is made to the delivery address provided by the customer during the checkout process.
Available delivery regions, shipping methods, shipping costs and delivery times are displayed in the online shop or during the checkout process.
For deliveries to countries outside the European Union, additional customs duties, taxes or other import charges may apply. These are not charged by LUXMØRTIS and, where applicable, must be paid by the customer to the relevant authorities or other bodies.
If an ordered product is exceptionally unavailable, the customer will be informed without undue delay. Any payments already made for unavailable goods will be refunded.
5. Hand-Finished and Individually Customized Products
Some products offered by LUXMØRTIS may be hand-finished, refined or individually customized.
Handmade or hand-finished products may have minor variations typical of the respective type of craftsmanship. The specific characteristics and features of each product are described in the respective product description.
For goods made to the customer’s specifications or clearly personalized to the customer’s individual needs, the right of withdrawal may be excluded in accordance with Section 312g (2) No. 1 BGB. Where such exclusion applies to a particular product, the customer will be expressly informed before completing the order.
6. Right of Withdrawal
Consumers generally have a statutory right of withdrawal.
Details regarding the right of withdrawal are provided in the separate withdrawal policy available in the online shop.
For goods made to the customer’s specifications or clearly personalized to the customer’s individual needs, the right of withdrawal may be excluded in accordance with Section 312g (2) No. 1 BGB. Where such exclusion applies to a particular product, the customer will be expressly informed before completing the order.
7. Retention of Title
The goods remain the property of LUXMØRTIS until payment has been made in full.
8. Liability for Defects
The statutory rights regarding liability for defects apply.
9. Liability
LUXMØRTIS shall have unlimited liability in cases of intent and gross negligence, as well as for damages resulting from injury to life, body or health.
In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to foreseeable damage typical of the contract.
Liability under the German Product Liability Act (Produkthaftungsgesetz) and other mandatory statutory liability provisions remains unaffected.
10. Contract Languages
The languages available for the conclusion of the contract are German, English and Russian.
In the event of any discrepancies between the different language versions, the German version shall prevail.
11. Dispute Resolution
LUXMØRTIS is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final Provisions
The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law shall apply only insofar as it does not deprive the consumer of mandatory consumer protection provisions applicable in the country of their habitual residence.