Terms of service

General Terms and Conditions (GTC)

Linuma GmbH

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. Applicable Law

  10. Place of Jurisdiction

  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Linuma GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter “Customer”) and the Seller with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.3 A business customer within the meaning of these GTC is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated in the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to purchase the goods contained in the cart by clicking the button that completes the order process.

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

  • Sending the Customer an order confirmation in writing or text form (e.g. email or fax), in which case the receipt of the order confirmation by the Customer is decisive, or

  • Delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or

  • Requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time one of these alternatives first occurs. The period for acceptance begins on the day following the submission of the offer by the Customer and ends at the close of the fifth day following the submission. If the Seller does not accept the offer within this period, this shall be deemed a rejection of the offer, and the Customer is no longer bound by the declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the order has been placed. The Seller does not make the contract text accessible beyond this.

2.5 Before placing a binding order via the online form, the Customer may detect possible input errors by carefully reviewing the information displayed on the screen. A useful technical tool for identifying input errors can be the zoom function of the browser. The Customer can correct entries using the usual keyboard and mouse functions until they click the button completing the order.

2.6 The language available for concluding the contract is German.

2.7 Order processing and communication generally take place via email and automated order handling. The Customer must ensure that the email address provided for order processing is correct so that messages from the Seller can be received. The Customer must ensure, particularly when using spam filters, that all emails sent by the Seller or its order processors can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further details regarding the right of withdrawal are set out in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.

4.2 The available payment methods are specified in the Seller’s online shop.

4.3 If a payment method offered via “PayPal” is selected, payment is processed via PayPal, which may use the services of third-party payment providers. If the Seller offers payment options through PayPal that involve advance performance by the Seller (e.g. invoice or installment payment), the Seller assigns its payment claim to PayPal or the specific payment service provider appointed by PayPal and identified to the Customer. Before accepting the Seller’s assignment, PayPal or the designated provider will conduct a credit check using the transmitted Customer data. The Seller reserves the right to deny a payment method based on a negative result. If approved, the Customer must pay the invoiced amount within the agreed payment period and may only make payments with debt-discharging effect to PayPal or the designated provider. The Seller remains responsible for general Customer inquiries such as product questions, delivery times, returns, complaints, withdrawal declarations, and credits.

4.4 If “Sofortüberweisung” (Instant Bank Transfer) is chosen, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). The Customer must have an online banking account activated for “Sofortüberweisung,” authenticate during the payment process, and confirm the payment instruction. The transaction is then executed by Klarna immediately. More information: https://www.klarna.com/sofort/

4.5 If a payment method offered via “Shopify Payments” is chosen, payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The specific payment options available via Shopify Payments are displayed to the Customer in the Seller’s online shop. Stripe may use other payment services subject to their own terms. Further information: https://www.shopify.com/legal/terms-payments-de

4.6 If a payment method offered via “Klarna” is chosen, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Additional information and Klarna’s terms are available at www.klarna.de

5) Delivery and Shipping Terms

5.1 Delivery is made within the delivery areas specified by the Seller to the address provided by the Customer, unless otherwise agreed. For PayPal orders, the delivery address stored with PayPal at the time of payment is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to shipping costs for the initial dispatch if the Customer validly exercises their right of withdrawal. For return costs, the provisions in the Seller’s withdrawal policy apply.

5.3 For business customers, the risk of accidental loss or deterioration of the goods passes to the Customer once the Seller has handed the goods over to the carrier or other person responsible for shipment. For consumers, the risk generally passes only upon receipt of the goods. However, if the consumer has commissioned the carrier and the Seller has not named this carrier, the risk passes to the Customer upon handover to the carrier.

5.4 The Seller reserves the right to withdraw from the contract in cases of incorrect or delayed self-supply, provided the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with due care. The Seller will make reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any payments refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes an advance delivery, ownership of the goods remains with the Seller until full payment of the purchase price has been received.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions on liability for defects apply. For contracts for the delivery of goods, the following applies:

7.1 If the Customer is a business customer:

  • The Seller may choose the type of supplementary performance.

  • For new goods, the limitation period for defect claims is one year from delivery.

  • For used goods, defect rights are excluded.

  • The limitation period does not restart if a replacement delivery occurs.

7.2 The above limitations do not apply:

  • To damage compensation and reimbursement claims,

  • If the Seller has fraudulently concealed a defect,

  • To goods used for a building structure in accordance with their usual use and which have caused its defectiveness,

  • To any obligation to provide updates for digital products or goods with digital elements.

7.3 For business customers, statutory limitation periods for recourse claims remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 HGB (German Commercial Code), the obligation to inspect and notify defects under Section 377 HGB applies. Failure to notify results in approval of the goods.

7.5 If the Customer is a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the Seller. Failure to do so does not affect statutory or contractual warranty rights.

8) Liability

The Seller shall be liable to the Customer for damages and reimbursement of expenses on any legal grounds as follows:

8.1 The Seller shall be liable without limitation:

  • In cases of intent or gross negligence,

  • In cases of intentional or negligent injury to life, body, or health,

  • Under a guarantee, if provided,

  • In cases of mandatory liability, such as under the Product Liability Act.

8.2 In cases of simple negligence of essential contractual obligations, the Seller’s liability is limited to foreseeable, typical damage unless unlimited liability applies under the section above. Essential contractual obligations are those obligations necessary to fulfill the purpose of the contract and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller shall not be liable.

8.4 The above liability provisions also apply to the Seller’s legal representatives and vicarious agents.

9) Applicable Law

The laws of the Federal Republic of Germany apply, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

10) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law domiciled in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office. If the Customer is domiciled outside Germany, the Seller’s registered office shall likewise be the exclusive place of jurisdiction if the contract or claims arising therefrom relate to the Customer’s commercial or professional activities. The Seller, however, is entitled in all cases to bring an action before the court at the Customer’s place of business.

11) Alternative Dispute Resolution

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