1. general provisions
the following terms and conditions shall apply to all contracts between you as our customer and us, lemabine.music – artistic platform, which are concluded through the online shop at www.lemabine.de/wordpress/shop. unless specifically excluded, these terms and conditions shall also apply to future contracts.
2. object of contract
the object of the contract shall be the sale of goods. the details, especially the main features of the goods, may be found in the item descriptions and the additional information provided on our website.
3. offers and conclusion of contract
I. our offers are non-binding and subject to change.
II. you, as our customer, can make a binding offer to buy (purchase order) by placing an order through our online shop.
III. a contract comes into existence only after a written order confirmation (e.g. an email) has been issued by us, or by consignment of the ordered goods.
all our prices are inclusive of VAT.
I. we offer worldwide free shipping.
II. we reserve the right to choose the most suitable shipping method.
III. we reserve the right to make part deliveries of any order.
IV. we are committed to getting you your ordered goods in the best possible condition. as soon as the order has left our office and will be damaged or mishandled due to an error by the shipping company, we cannot be held responsible. also return matters are on your own risk.
V. shipping times may vary from country to country but are usually between 2 – 10 business days.
6. reservation of ownership
all goods remain the property of “lemabine.music – artistic platform” until payment is received in full.
I. the ordered goods are to be paid by credit card, bank transfer or PayPal unless otherwise agreed.
II. you will receive a printed invoice with your order.
8. claims for damages
any claims for damages against us due to breach of our contractual or legal obligations are excluded, unless caused deliberately or through gross negligence.
9. return policy
all return matters must be made with prior authorization within 14 days. arrangements can be made via email or fax.
should one provision of these general terms and conditions be or become invalid, the validity of all other provisions will not be affected. the parties shall be obliged to retroactively replace the invalid provision by a provision that will serve the same functions as the former provision.
11. applicable law
german law shall apply. the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable.
12. place of performance/jurisdiction
I. place of performance for all deliveries and payments shall be essen/germany.
II. place of jurisdiction for all legal proceedings resulting from business relations with “lemabine.music – artistic platform” shall be essen/germany.
RIGHT OF WITHDRAWAL FOR CONSUMERS
(the term “consumer” applies to every natural person concluding legal transactions for a purpose attributed neither to a commercial nor a self-employed occupational activity.)
right of withdrawal
you have the right to withdraw from this contract within fourteen days without giving any reason. the withdrawal period of fourteen days commences the day
– on which you or a third party nominated by you who is not the carrier takes or has taken the goods in possession if you have ordered one or more products in a single order which will be or have been delivered uniformly;
– on which you or a third party nominated by you who is not the carrier takes or has taken the last of the goods in possession if you have ordered multiple products in a single order which will be or have been delivered separately;
– on which you or a third party nominated by you who is not the carrier takes or has taken the final partial delivery or the last product in possession if you have ordered products which will be delivered in several partial deliveries or pieces.
to exercise your right of withdrawal, you have to inform us (Rößger & Wüste (GbR.) c/o lemabine.music, Lührmannwald 49, 45149 Essen, E-mail: email@example.com) about your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). you can use the sample withdrawal form attached to the order confirmation mail which is, however, not mandatory. in order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.
consequences of withdrawal
if you withdraw from this contract, we have to reimburse all payments received from you including shipping costs (with the exception of the additional costs arising from the fact that you have chosen a more expensive type of shipping other than the cheapest standard shipping method offered by us) without undue delay and in any event not later than fourteen days from the day on which we received the notification of your withdrawal from this contract. reimbursements will be made using the same payment method that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.
we may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
you have to return or surrender the received goods without undue delay and in any event not later than fourteen days from the day on which you inform us about the withdrawal from this contract. the deadline is met if you send back the goods before the period of fourteen days has expired. you bear the direct costs of returning the goods that can be sent by parcel. you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
exceptions to the right of withdrawal
the right of withdrawal does not apply to contracts
– for the supply of goods that are not prefabricated and are produced according to customer specifications or clearly tailored to personal needs;
– for the supply of goods which are liable to deteriorate or expire rapidly;
– for the sale of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
– for the supply of digital content (downloads) which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and its acknowledgment that he thereby loses his right of withdrawal. the right of revocation expires prematurely in the case of contracts
– for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.