General terms and conditions

I. Terms and Conditions and Customer Information

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Barrionuevo Gbr, Heiliggrabstr. 63, 96052 Bamberg, Germany) via the website http://luzy.store, unless there is a written amendment between the parties is agreed. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We only offer our goods for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is exercising their commercial or independent professional activity (entrepreneur). A purchase contract with consumers is excluded.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods. The details, in particular the essential features of the goods can be found in the item description and the additional information on our website.

(2) Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(3) You can submit a binding purchase offer (order) by telephone, e-mail, fax, in writing or via the online shopping cart system. When purchasing via the online shopping cart system, the goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data is then displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information here again, to change it (also via the "back" function of the internet browser) or to cancel the purchase. By sending the order via the corresponding button, you submit a binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract.

(4) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message within this period, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.

(5) On request, we will create an individual offer for you, which will be sent to you in text form and to which we will be bound for 5 days. You accept the offer with confirmation in text form.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Prices, terms of payment and shipping costs

(1) The prices listed in the respective offers are net prices. They do not include the statutory value added tax.

(2) The shipping costs incurred are not included in the purchase price, they will be calculated separately unless free delivery has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.

(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or in the invoice.

§ 4 Terms of Delivery

(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. When paying in advance by bank transfer, the goods will only be shipped after we have received the full purchase price and shipping costs.

(2) If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate hedging transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) Shipping is at your own risk. If you wish, the shipment will be made with appropriate transport insurance, whereby you will have to bear the costs incurred as a result.

(4) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged additional shipping costs as a result.

§ 5 Warranty

(1) The warranty period is one year from delivery of the goods. The one-year warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent, as well as to rights of recourse according to §§ 478, 479 BGB.

(2) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

(3) You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.

(4) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance, if the shipment does not correspond to the intended use of the goods.

§ 6 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

(3) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

(4) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 7 Liability

(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without restriction in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase and in all other legally regulated cases.

(2) Liability for defects within the framework of the statutory warranty is based on the relevant regulation in our customer information (Part II) and General Terms and Conditions (Part I).

(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 8 Choice of Law, Place of Performance, Place of Jurisdiction

German law applies to the exclusion of the UN purchase law. Place of performance and place of jurisdiction is our registered office.

 

II. Customer Information

1. Identity of Seller

Barrionuevo Gbr

Heiliggrabstrasse 63 Bamberg
Germany
Phone: 015783928144
E-Mail: info@nora-fashion.com

 

2. Information on the conclusion of the contract. The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

 
3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system or the inquiry, the contract data can be printed out using the print function of the browser or saved electronically.

 
4. Statutory liability for defects in goods. The liability for defects for our goods is based on the "Warranty" regulation in the General Terms and Conditions (Part I).

 

These terms and conditions were drawn up by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.

last update: 2020