Terms and Conditions

between

leevje
Address: Hörsterstraße 39, 48143 Münster, Germany
represented by the management team consisting of: Anna-Marie Ortmeier, David Ortmeier
— hereinafter referred to as the “Provider” —

and

Any natural or legal person who, as a consumer or business entity, submits offers and/or enters into contracts via the leevje.com platform at

— hereinafter referred to as the “Customer” —

(1) The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer to the extent that the purpose of the ordered goods and services cannot be attributed to the customer’s commercial or self-employed professional activity (Section 13 of the German Civil Code (BGB)). By contrast, a business is any natural person, legal entity, or partnership with legal capacity that, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activity (Section 14 of the German Civil Code (BGB)).

(1) The customer may select various products from the provider’s product range (hereinafter collectively referred to as “Products”) and add them to a so-called shopping cart by clicking the “Add to Cart” button. By clicking the “Place Order” button, the customer submits a binding request to purchase the items in the shopping cart. Before submitting the order, the customer may view and modify the details at any time. However, the order can only be submitted and transmitted if the customer accepts these Terms and Conditions by checking the box next to “Accept Terms and Conditions” and thereby incorporates them into their order. Before checking the box, the Terms and Conditions can be accessed via a hyperlink, saved as a .pdf file, and/or printed. The same applies to information regarding any applicable right of withdrawal.

 (2) The Provider will then send the Customer an automatic order confirmation via email, which lists the Customer’s order again and which the Customer may print out upon request. The automatic order confirmation (referred to as the “Order Confirmation”) merely documents that the Provider has received the Customer’s order and does not constitute acceptance of the order. The contract is not concluded until the provider issues a declaration of acceptance via a separate email (referred to as the “Order Confirmation”), which is sent no later than one day after the order confirmation is sent. 

(1) Deliveries are only possible to delivery addresses in Germany and the following countries:

 (2) The delivery times we specify are calculated from the date of our order confirmation and are listed on the online store’s homepage for each item.

4. Retention of Title

The delivered goods remain the property of the seller until the customer has paid in full.

(1) All prices listed on the provider's website include the applicable statutory sales tax. 

Shipping within Germany and Austria:

Shipping costs are €4.90 (including sales tax) and apply to all orders under €125. For orders of €125 or more, we offer free shipping within Germany and Austria. Otherwise, shipping to Austria costs €6.90. Please note that we do not deliver on Sundays or holidays.

Shipping within Europe:

Shipping costs are a flat rateof €9.90(including sales tax) for the following countries and apply to every shipment. Please note that no deliveries are made on Sundays or holidays.Shipping is free for orders of €199 or more:

• Belgium
• Czech Republic
• Denmark
• Finland
• France
• Italy
• Luxembourg
• Netherlands
• Norway
• Poland
• Portugal
• Spain
• Sweden
• Greece

Shipping outside Europe: 

Shipping costs are a flatrate of €19.90(including sales tax) for the following countries and apply to every delivery. Please note that no deliveries are made on Sundays or holidays. 

• Switzerland

(3) The goods are shipped via parcel service by DHL or DPD. The seller bears the shipping risk if the customer is a consumer. If the customer is a business, delivery is made EXW at the seller’s place of business (Incoterms 2010).

(1) Payment for the products to the provider may be made, at the customer’s discretion, exclusively by advance payment, PayPal, or credit card. If the customer is a business, they may also choose to pay by invoice. Depending on the payment method selected by the customer, the payment terms are as follows:

The PayPal payment method works as follows: After placing an order, the customer is automatically redirected to the PayPal payment form. As a registered PayPal user, the customer can log in there using the login credentials on file with PayPal and complete the payment. However, the customer can also select PayPal as the payment method without already being a PayPal customer. In this case, the customer can log in to PayPal as a guest or create a new PayPal account and then complete the payment via PayPal.

If the customer selects PayPal as the payment method, the provider will process the order as soon as the payment is received. This usually happens very quickly. In some cases, however, system-related delays may occur with PayPal due to processing errors or similar issues. The provider has no control over these delays and is not responsible for them.

For more information, please visit: www.paypal.com/de

Paying by credit card is a simple and cost-effective payment method. It saves you time, unnecessary trips, and fees. The customer provides us with the 16-digit card number, the expiration date, and the card issuer (VISA, Mastercard). Please note that the person placing the order and the cardholder must always be the same person. We will only ship the order to the credit cardholder.

Purchases "on account" are made in cooperation with:

Klarna Bank AB (publ)
Sveavägen 46
111 34 Stockholm
Sweden

The following payment methods are available:

Invoice: Payment is due within 14 days of shipment of the goods. You can find the “Purchase on Invoice” terms and conditions for shipments to Germany here and for shipments to Austria here.

Installment Purchase (available only in Germany): With Klarna’s financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (with a minimum of 6.95 EUR) or under the terms otherwise specified at checkout. Each installment is due at the end of the month following the issuance of a monthly invoice by Klarna. For more information on installment purchases, including the Terms and Conditions and the European Standard Information on Consumer Credit, click here.

Immediate: Your account will be charged immediately after you place your order.

Use of the payment methods “Invoice,” “Installment Purchase,” and “Direct Debit” requires a positive credit check. Accordingly, we forward your data to Klarna as part of the purchase initiation and fulfillment of the sales contract for the purpose of address and credit verification. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna’s Terms of Use for Germany can be found here and for Austria here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as specified in Klarna’s Privacy Policy for Germany/Austria.

7. Redeeming Gift Certificates & Discounts
(1) The gift certificate can be redeemed for merchandise in our online store using the corresponding gift certificate code. Cash redemption or exchange for another gift certificate is not permitted.

(2) Any commercial resale of a gift certificate is prohibited.

(3) If the purchase amount exceeds the value of the gift certificate, the standard payment terms apply.

(4) The gift certificate must be redeemed within two years of the date of issuance. After that, it expires. No extensions are permitted.

(5) If the gift certificate is not redeemed in full, the remaining balance cannot be paid out in cash. It will be credited to the original gift certificate code.

(6) No cash refund will be issued for exchanges. The amount will be credited to the original gift card and can be redeemed for merchandise.

(7) Discount codes generally cannot be applied to sale items.

8. Warranty for Material Defects, Guarantee
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). Liability for damages is governed exclusively by Section 8 of these Terms and Conditions. With respect to business customers and in the case of the delivery of used goods, the warranty period for products delivered by the Provider is 12 months.

(2) An additional warranty applies to goods delivered by the Provider only if such a warranty was expressly stated in the order confirmation for the respective item. The agreed-upon quality of the items does not constitute a warranty provided by the Provider to the customer.

9. Liability

We are always liablewithout limitationfor claims arising from damages caused by us, our legal representatives, or our agents
• in the event of injury to life, limb, or health
• in the event of a breach of duty committed intentionally or through gross negligence
• in the event of warranty promises, to the extent agreed upon, or
• to the extent that the scope of application of the Product Liability Act applies.
In the event of a breach of material contractual obligations—the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely— (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives, or on the part of our vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. Cancellation Policy

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 14 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

In the case of a contract covering multiple items that the consumer ordered as part of a single order and that are delivered separately, the following applies: The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last item.

In the case of a contract for the delivery of goods in multiple partial shipments or items, the following applies: The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last partial shipment or the last item.

To exercise your right of withdrawal, you must provide us with:

leevje

Phone:  +49 (0) 251 93268449
Email:leevje

by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. You may use the sample withdrawal form attached as an appendix, although its use is not required.

To comply with the cancellation period, it is sufficient for you to send the notice of your intention to exercise your right of cancellation before the cancellation period expires.

If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return the goods immediately, and in any case no later than fourteen days from the date on which you notify us of your cancellation of this contract, to

leevje 
Hörsterstraße 39

48143 Münster
Germany

return or hand over. The deadline is met if you ship the goods before the fourteen-day period expires.

If, due to their nature, the goods cannot be returned by regular mail, the following applies: You are responsible for the direct costs of returning the goods.

You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality. 

11. Absence or Expiration of the Right of Withdrawal

(1) There is no right of withdrawal for the following contracts: contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs,

Contracts for the delivery of goods that are likely to spoil quickly or whose expiration date would be quickly exceeded.

(2) Any right of withdrawal that originally existed shall expire for the contracts specified in each case under the following conditions:

Contracts for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been broken after delivery,

Contracts for the delivery of goods, if, after delivery, such goods have become inseparably mixed with other goods due to their nature. 

12. Exclusion of the Duty to Provide Information to Customers Who Are Not Consumers
If the customer is not a consumer, the provider’s duty to provide information under
§ 312i, para. 1, sentence 1, nos. 1 through 3—according to which the business would be obligated to provide the customer with 1. appropriate, effective, and accessible technical means to help the customer detect and correct input errors before submitting their order; 2. to provide the information specified in Article 246c of the Introductory Act to the German Civil Code clearly and comprehensibly in a timely manner before the customer submits their order; and 3. to confirm receipt of the customer’s order immediately by electronic means, are expressly excluded.

(1) The European Commission has created an online dispute resolution platform (known as the “ODR platform”). The ODR platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. You can access the ODR platform via the following link: www.ec.europa.eu/consumers/odr

(2)leevje will not participate in dispute resolution proceedings before a consumer arbitration board as defined by the VSBG, nor is it obligated to do so.

13. Final Provisions

(1) Contracts between the Provider and the Customers are governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2) The language available for concluding the contract is exclusively German.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office, unless a different mandatory place of jurisdiction applies.
 
(4) Even if individual provisions of the contract are legally invalid or void, the remaining provisions shall remain binding. The invalid or void provisions shall be replaced, where applicable, by the relevant statutory provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

(As of January 16, 2019)