Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Special Conditions for Processing Goods According to Customer Specifications
  10. Redeeming Promotional Vouchers
  11. Applicable Law
  12. Alternative Dispute Resolution

1) Scope

1.1 These Terms and Conditions (hereinafter "T&Cs") of D. Hildermann, trading under "Luisa-Viktoria" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online store. Any contradictory terms by the Customer are not accepted unless otherwise agreed upon.

1.2 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activities.

1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a legally competent partnership acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online store do not represent binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit their offer via the online order form integrated into the Seller's online store. By completing the electronic ordering process and clicking the button finalizing the order process, the Customer submits a legally binding contract offer for the goods in the shopping cart. The Customer can also submit their offer via email or fax.

2.3 The Seller may accept the Customer’s offer within five days:

  • By sending a written order confirmation or an order confirmation in text form (e.g., by email or fax), with the receipt of the confirmation by the Customer being decisive;
  • By delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive; or
  • By requesting payment from the Customer after the order has been placed.

The contract is concluded at the point in time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing occurs via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. under the terms and conditions found at PayPal User Agreement.

2.5 When using "Amazon Payments" as the payment method, the transaction is processed via the payment service provider Amazon Payments Europe s.c.a., under the terms specified at Amazon Payments User Agreement.

2.6 The contract text is saved by the Seller after the contract conclusion and sent to the Customer in text form (e.g., via email, fax, or letter). If the Customer has created a user account, the order details can be viewed in their password-protected account.

2.7 Before submitting the order, the Customer can correct input errors using standard keyboard and mouse functions or the browser's zoom function to enlarge the display for better readability.

2.8 Contracts may be concluded in multiple languages, depending on the options presented in the online store.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.
3.2 Details regarding the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated, all prices are total prices including statutory VAT. Additional delivery and shipping costs, if applicable, are indicated separately in the product description.

4.2 Payment options are communicated in the Seller’s online store.

5) Delivery and Shipping Terms

5.1 Deliveries are made to the address specified by the Customer unless otherwise agreed upon. The shipping address provided during the checkout process is decisive.

5.2 For items delivered by freight shipping, delivery is "curbside" unless otherwise stated.

5.3 The Customer bears the shipping costs for undeliverable items due to reasons attributable to the Customer, except in cases of effective withdrawal.

6) Retention of Title

The Seller retains ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for Defects (Warranty)

Warranty is provided in accordance with statutory provisions unless otherwise specified. Deviations for business customers include:

  • Warranty claims for new goods expire within one year.

8) Liability

The Seller is fully liable for intent and gross negligence and in cases of personal injury. In other cases, liability is limited to foreseeable, typical damages.

9) Special Conditions for Custom Orders

The Customer guarantees that they have the rights to any materials (e.g., images, text) provided for custom orders. The Seller reserves the right to reject custom orders that violate legal or ethical standards.

10) Redeeming Promotional Vouchers

10.1 Promotional vouchers are only valid for the specified period and are non-transferable. They must be used before completing the checkout process.

11) Applicable Law

The law of the USA applies, excluding the CISG. Consumer protections of the Customer’s domicile remain unaffected.

12) Alternative Dispute Resolution

The Seller is not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration body.