General Terms and Conditions (GTC)

LUIBAN GmbH
Managing Directors: Kai-Stefan Luithardt, Michael Ruben Bandt
Commercial Register: HRB 270177 B
VAT ID No.: DE452659549

1. Scope

These General Terms and Conditions (GTC) apply to all orders placed by consumers and traders (hereinafter “customers”) via our online shop at luiban.mom. Deviating terms and conditions of the customer are not recognised unless we expressly agree to their validity in writing.

2. Contracting Party, Conclusion of the Contract

The purchase contract is concluded with LUIBAN GmbH. The presentation of products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. By clicking the “Buy” button (or a button with equivalent wording), you submit a binding order for the goods contained in the shopping basket. The order confirmation is sent by e-mail immediately after the order has been submitted. A contract is only concluded upon our acceptance (separate confirmation of acceptance by e-mail) or upon dispatch of the goods.

3. Customer Account and Correction of Input Errors

You may order either as a guest or via a customer account. Before submitting your order, you can correct your entries at any time, e.g. using the usual functions of your browser or the editing fields provided in the checkout.

4. Prices and Shipping Costs

All prices are stated in euros and include statutory VAT, plus shipping costs. Information on shipping methods, shipping costs and delivery times can be found under Shipping & Payment. Deliveries to non-EU countries may incur additional customs duties, taxes and fees.

5. Payment

The available payment methods are displayed in the checkout and may vary. We currently offer in particular the following payment methods: payment in advance (bank transfer), PayPal, Klarna, credit card, Apple Pay, Google Pay. We reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods. If you pay in advance, the goods will be dispatched once payment has been received.

6. Delivery, Delivery Area and Delivery Times

We deliver worldwide unless an exclusion is indicated in the checkout. Unless otherwise stated, we generally dispatch orders within approximately three working days of the conclusion of the contract or, for payment in advance, of receipt of payment. Delivery times may vary depending on the destination country and the shipping service provider. Statutory delivery periods remain unaffected.

Please provide your delivery address completely and correctly. We check it after receipt of the order and correct obvious spelling and formatting errors (e.g. street name, house number, Packstation details) for shipping purposes. If the address is unclear, we will contact you; we will not dispatch the order until the matter has been clarified, and the delivery time will be extended by the time required for clarification. How we handle your data in this process is set out in our privacy policy.

7. Retention of Title

The goods remain our property until payment has been made in full.

8. Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal. Details, time limits and the model withdrawal form can be found in our cancellation policy under Right of Withdrawal.

9. Returns

For returns, please use the information and instructions in the cancellation policy. The provisions on withdrawal remain unaffected; there is currently no additional voluntary return period.

10. Transport Damage

If goods are delivered with obvious transport damage, please report such damage to the delivery agent as soon as possible and contact us without delay. Failure to report the damage or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurer.

11. Warranty and Liability

The statutory warranty rights apply. In relation to traders, the limitation period for defects in delivered goods is 12 months from the transfer of risk; Section 438 (1) nos. 1 and 2 of the German Civil Code (BGB) remains unaffected. Our liability for damages – irrespective of the legal grounds – is limited as follows: in the event of simple negligence, we are liable only for the breach of a material contractual obligation (cardinal obligation), limited to the typically foreseeable damage. These limitations of liability do not apply in the event of injury to life, body or health, in cases of intent or gross negligence, or under the German Product Liability Act (Produkthaftungsgesetz).

12. Copyright

The content, product images and texts on our pages are protected by copyright. Any use beyond the cases permitted by law requires our prior consent.

13. Vouchers and Discount Promotions

Where vouchers or discounts are offered, the promotional and redemption conditions communicated in each case apply. Unless otherwise stated, vouchers cannot be combined and cannot be redeemed for cash.

14. Online Dispute Resolution and Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. Data Protection

Information on the processing of personal data, the rights of data subjects and cookies can be found in our privacy policy.

16. Protection of Minors

Products subject to age restrictions are sold only to persons who have reached the age of majority. An age check may be carried out as part of the ordering or delivery process. For our current product categories, an age check is generally not required.

17. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers whose habitual residence is in the EU, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence. If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin.

18. Contact

LUIBAN GmbH
Rosa-Luxemburg-Straße 28, 10178 Berlin, Germany
Telephone: +49 30 88941192
E-mail: info@luiban.mom