General terms and conditions of business

This website is operated by Libelli GmbH (hereinafter "Seller"). Falkenwald GmbH offers this website, including all information, tools, and services available from this site to you (hereinafter "Customer") conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Libelli GmbH apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop Libelli.com. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) General Conditions

2.1 We reserve the right to refuse service to any person for any reason at any time.

2.2 You understand that your information (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connected networks or devices. Credit card information is always encrypted during transmission over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

2.4 The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.

2.5 We are not responsible if the information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

2.6 This site may contain certain historical information. Historical information is not necessarily current and is provided for your convenience only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor any changes to our site.

3) Conclusion of contract

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

3.2 The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart." The "shopping cart" can be accessed via the corresponding button in the navigation bar, and changes can be made there at any time. The price displayed in the shopping cart is to be regarded as an invitation to submit an offer. After accessing the "Checkout" page and entering personal data as well as selecting the payment and shipping conditions, clicking the button that concludes the ordering process submits a legally binding contractual offer for the goods contained in the shopping cart. When paying via payment service providers such as PayPal, Stripe Sofortüberweisung, or Giropay, among others, the customer is redirected from our online shop to the provider's website. After entering all required data, the customer is then redirected back to our shop. This concludes the purchase contract. If the customer has chosen SEPA direct debit, the contract is concluded upon receipt of the notification on the date the account is debited (pre-notification).

3.3 Only the German language is available for the conclusion of the contract.

3.4 Order processing and contact are generally carried out via email and automated order processing. 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 this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3.5 We save the contract text and send you the order details and our General Terms and Conditions by email. You can also view and download the General Terms and Conditions here on this website at any time.

4) Right of withdrawal

4.1 Consumers generally have a right of withdrawal.

4.2 Further information on the right of withdrawal can be found in the Cancellation policy of the seller.

5) Prices and payment terms

5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be shown separately during the ordering process and are to be borne by the customer, unless free shipping has been promised.

5.2 Prices for our products are subject to change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

5.3 The available payment methods will be communicated to the customer via a correspondingly labelled button on falkenwald.com or in the respective offer.

5.4 We provide you with access to payment methods offered by third parties over whom we have no control or influence.

5.5 You agree that we provide access to these payment methods "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of third-party payment methods.

5.6 Any use of the payment methods offered through the Website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions on which the payment methods are made available by the relevant third-party providers.

6) Delivery and shipping conditions

6.1 Further information on delivery and shipping conditions can be found in the Delivery conditions of the seller.

7) Retention of title

7.1 The seller retains title to the delivered goods until full payment of the purchase price owed. The seller is entitled to reclaim the purchased goods if the purchaser breaches the contract.

7.2 The Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

7.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance, up to the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer meets its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.

8) Liability for defects (warranty)

If the purchased item is defective, the statutory liability for defects applies. The following applies:

8.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from the transfer of risk;
• In the case of used goods, rights and claims due to defects are generally excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and limitation periods set out above do not apply:

• for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) remain unaffected.

8.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

8.5 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8.6 Claims for defects shall not apply in the event of only minor deviations from the agreed quality, only minor impairment of usability, natural wear and tear, or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground, or due to special external influences not assumed under the contract. If the customer or third parties carry out improper repairs or modifications, these and the resulting consequences shall also not be subject to claims for defects.

9) Liability

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

9.1 The Seller shall be liable without limitation for any legal reason:

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content 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 the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

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

10) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

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

12) Changes to the general terms and conditions

You can view the most current version of the General Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website frequently for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

13) Contact details

Questions about the General Terms and Conditions should be directed to us at info@falkenwald.com.