General Terms and Conditions – Little Sun
Unless otherwise expressly agreed, all deliverables and services of LittleSun GmbH, Christinenstr. 18/19, Haus 2, 10119 Berlin (hereinafter the "Seller"), to the respective purchaser (hereinafter the "Purchaser") will be performed on the basis of these general terms and conditions, including any future agreements. The Seller reserves the right to incorporate updated general terms and conditions into future agreements with the Purchaser, in which case the updated terms and conditions apply.
Conclusion of contract
The product descriptions displayed in the online shop do not constitute binding offers. The Purchaser, by clicking the "send order"-button after completing the purchase form, makes a binding offer to enter into a purchase contract with the Seller pursuant on the terms contained in the purchase form. The Seller is not obliged to accept the offer. After examining the order, the Seller submits a purchase confirmation to the email address stated by the Purchaser. On receipt of this confirmation, the purchase contract is concluded.
Prices and payment
The prices displayed in the online shop – unless otherwise specified – are inclusive of German VAT (Umsatzsteuer).
German VAT applies to any delivery to customers within the European Union. Deliveries outside the European Union are free of VAT; the Purchaser, however, is responsible for any customs duty applicable in the destination country. Customs clearance is undertaken by the Seller’s logistics partners, which will invoice the Purchaser separately for this service.
Deliveries to entrepreneurs within the EU may be free of VAT. In this case, the Purchaser is kindly asked to contact the Seller directly.
Retention of title
The goods delivered remain property of the Seller until complete payment of the purchase price.
Set-off and retention right
The Purchaser may not set off any counterclaim against claims of the Seller unless the counterclaim is undisputed or has been finally and non-appealably established. The Purchaser may only exercise a right of retention to the extent that such right is based on the same contractual relationship.
Right of revocation
The Seller may rescind the contract if and as far as the Seller is unable to receive correct and punctual delivery, stock is insufficient, or circumstances such as strike or force majeure prevent the delivery to the Purchaser from being made. The Seller will notify the Purchaser immediately of the reasons for the rescission.
Warranty for defects
If goods are delivered with obvious damage to the packaging or to the goods, the Purchaser is kindly asked to refuse acceptance and to immediately contact the Seller to enable the Seller to reserve its rights against the shipping service. The Seller’s warranty for defects remains unaffected. If the Purchaser is an entrepreneur (Unternehmer) the Seller’s warranty for defects expires after one year from delivery of the goods.
Liability for damage
Except from injury to life, body or health, and from breach of essential duties such as delivery and transfer of ownership of the goods, the Seller’s liability for damage is limited to intentional or grossly negligent breach of duty.
Costs of return shipment in case of a revocation
If the Purchaser habitually resides in the Federal Republic of Germany and is entitled to revoke (widerrufen) the purchase contract, the Purchaser bears the costs of returning the goods, provided the price of the goods does not exceed 40 EUR or, where the price is higher, the Purchaser has at the date of the revocation not yet rendered consideration or given a part payment. This does not apply if the goods delivered do not correspond to those ordered.
Instructions on revocation (Widerrufsbelehrung)
I. Revocation right
If the Purchaser is a consumer (Verbraucher), i.e. a natural person who entered into this purchase contract for a purpose that is outside his trade, business or profession, the Purchaser may revoke (widerrufen) the contractual statement, without giving any reason, in text form (e.g. letter, email) or by returning the goods, within a revocation period of 14 days. If the Purchaser habitually resides in the Republic of Malta or Slovenia, the revocation period is 15 days. The revocation period commences after the Purchaser has received a copy of these instructions in text form, but not until the goods have been delivered and the Seller has complied with its obligations to inform the Purchaser pursuant to article 246 § 2 in conjunction with § 1 para. 1 and 2 German Introductory Code to the Civil Code (EGBGB) and its obligations pursuant to § 312g para. 1 clause 1 German Civil Code (BGB) in conjunction with article 246 § 3 German Introductory Code to the Civil Code. In order to observe the deadline, timely dispatch of the goods or the notice of revocation suffices. The revocation is to be addressed to LittleSun GmbH, Christinenstr. 18/19, Haus 2, 10119 Berlin, Germany / firstname.lastname@example.org
II. Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If and as far as the Purchaser is unable or partially unable to restitute the goods to the Seller or can only restitute the goods in a deteriorated condition, the Purchaser has to compensate the Seller for the value of the goods. The compensation of value of any deterioration or emolument taken does only apply if and as far as the deterioration or emolument is a result of the Purchaser’s use of the goods exceeds an examination of the goods‘ condition or mode of operation. Examination of the goods‘ condition or mode of operation means testing and trying out the goods as possible and common practice in a retail store. Goods that can be shipped by parcel are to be returned on the Seller’s risk. The Purchaser is obliged to bear the costs of the return shipment if the Purchaser habitually resides in Germany, and if the goods delivered correspond to those ordered, and if the price of the goods to be sent back does not exceed an amount of 40 EUR or if, where the price is higher the Purchaser has at the date of the revocation not yet rendered consideration or given a part payment. In any other case, the return shipment is free of charge for the Purchaser. Goods that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within a period of 30 days. This period commences for the Purchaser upon dispatch of the notice of revocation or the goods, for the Seller with their receipt.
Online dispute resolution
Online dispute resolution according to Art. 14 Abs. 1 ODR-VO:
The European Commission provides an online platform for online dispute (ODR) settlement, which can be found here: http://ec.europa.eu/consumers/odr/
Choice of law and place of jurisdiction
The purchase contract and any other legal relation between the Seller and the Purchaser shall be governed by the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the Purchaser is a customer, this choice of law only applies as far as it does not elude the obligatory rules of consumer protection of the state of the Purchaser’s habitual residence.
If the Purchaser is a merchant (Kaufmann), a body corporate organised under public law (juristische Person des öffentlichen Rechts) or a special fund under public law (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the place of business of the Seller. The same applies if the Purchaser does not have a general place of jurisdiction within the European Union or if the place of the Purchaser’s habitual residence is unknown at the time of filing of a lawsuit.
The invalidity of any of the provisions contained in these general terms and conditions shall not affect the validity of the remaining provisions.
Italicised terms in brackets are clarifying translations of the preceding terms into German language or German abbreviations of the German statute books referred to. The Purchaser is kindly asked to print or save these general terms and conditions. The Seller does not warrant for providing permanent online access to the terms and conditions applicable at the time of conclusion of the purchase contract.