Terms of service

between

Leevje GmbH,
Address: Rothenburg 48, 48143 Munster, Germany
represented by the management consisting of: Anna-Marie Ortmeier, David Ortmeier
-hereinafter referred to as'the supplier',

and

any natural or legal person acting as a consumer or entrepreneur;
via the platform Leevje.com Tenders and/or contracts
hereinafter referred to as "Customer",

1. Scope, definitions
(1) The commercial relationship between the supplier and the customer shall be governed solely by the following general terms and conditions as they stand at the time of the order. Different terms and conditions of the buyer shall not be recognised unless the supplier expressly agrees in writing to their validity.
(2) The customer is a consumer insofar as the purpose of the ordered supplies and services cannot be attributed to his professional or self-employed activity (Section 13 BGB). By contrast, an entrepreneur is any natural or legal person or legal person who, when concluding the contract, acts in the exercise of his professional or self-employed activity (Article 14(BGB)

2. Contract
(1) The customer can select different products from the supplier's range (hereinafter referred to as "products") and collect them from a shopping cart by clicking the "in the shopping cart" button. By means of the "order for payment" button, he makes a binding request to purchase the goods contained in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these terms and conditions by placing a hook next to the "Accept Terms and Conditions" selection box and has thus included them in his application. The AGB can be called via a hyperlink before setting the hook, as a.pdf file and/or printed out. The same applies to information on any existing right of withdrawal.
(2) The supplier then sends the customer an automatic order confirmation by e-mail, in which the customer's order is listed again and which the customer can print out on request. The automatic order confirmation (called the order confirmation) merely documents that the customer's order has been received from the supplier and does not constitute acceptance of the request. The contract shall not be concluded until the supplier has issued the acceptance declaration, which shall be sent by a separate e-mail (referred to as "order confirmation") no later than one day after the dispatch of the order confirmation.

Three. Delivery area, delivery times
(1) Deliveries are only possible at delivery addresses in Germany and the following countries:
(2) Delivery times specified by us are calculated from the date of our order confirmation and are indicated on the website of the online shop for the respective article.

Four. Reservation
Until the customer has paid in full, the goods delivered shall remain the property of the supplier.

Five. Prices and shipping costs
(1) All prices indicated on the supplier's website shall be understood to include the applicable statutory turnover tax.

Delivery within Germany:

Shipping costs are 4.90 (including VAT) and are chargeable for each delivery under 69. From a purchase value of 69 euros we ship free of charge within Germany. Please note that no service can be made on Sundays and public holidays.

Delivery within the EU:

Shipping costs are flat-rate for the following countries:EUR 9,90(including VAT) and are in principle subject to.Please note that no service can be made on Sundays and public holidays.

Belgium,
Denmark,
Netherlands
Austria,

Shipping costs are flat-rate for the following countries:EUR 13,90(including the statutory VAT) and are generally applicable to each delivery. Please note that no delivery can be made on Sundays and public holidays.

France,
United

Shipping costs are flat-rate for the following countries:EUR 19,90(including the statutory VAT) and are generally applicable to each delivery. Please note that no delivery can be made on Sundays and public holidays.

Finland,
Ireland,
Italy,
Norway,
Poland,
Portugal
Sweden
Spain,
Czech Republic
(3) The goods are sent by parcel via DHL or DPD. The risk of shipping is borne by the supplier if the customer is a consumer. If the customer is an entrepreneur, the delivery EXW will take place at the supplier's headquarters (Incoterms 2010).
Six. Payment
(1) Payment of the products to the supplier may, at the choice of the customer, be made only in advance, by PayPal or by credit card. If the customer is an entrepreneur, he can additionally choose the payment method invoice. The payment methods, depending on the payment method chosen by the customer, are as follows:

PayPal.
The PayPal payment method is used as follows: After ordering, the customer is automatically transferred to the PayPal payment form. As a registered PayPal customer, the customer can register there using the user data stored at PayPal and make the payment. However, the customer can also choose the payment method PayPal without already being a PayPal customer. In this case, the customer can register with PayPal as a guest or set up a new PayPal account and then make the payment via PayPal.
In the case of a payment by the customer selected from the PayPal payment system, the order is processed by the provider as soon as the receipt of payment has been booked. This is usually the case very quickly. However, in some cases PayPal may experience system-related delays due to processing errors or similar. The provider has no influence on or responsibility for these delays.
For more information, please visit: www.paypal.com/en

Credit
Payment by credit card is a simple and cheapest payment method. They save time, unnecessary travel and fees. The customer informs us the 16-digit card number, that expiration date and the issuing institution (VISA, Mastercard). Please note that the orderer and the cardholder must always be identical. We will only deliver to the credit card holder.

Invoice
The purchase "on invoice" takes place in cooperation with:
Klarna Bank AB (publ)
Sweden 46
111 34 Stockholm
Sweden
The following payment methods are available:
Invoice: The payment deadline is 14 days from dispatch of the goods. The invoice conditions "invoice purchase" for deliveries to Germany can be found here and for deliveries to Austria here.
Rate purchase (only available in Germany): With Klarna's financing service, you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the cashier. The payment of the instalment shall be due at the end of the month following the sending of a monthly statement by Klarna. For further information on the purchase of interest rates, including the General Terms and Conditions and the European Standard Information for Consumer Credits, please click here.
Immediately: Your account is debited immediately after the order has been placed.
The use of the payment methods invoice, coupon and debit note requires a positive credit assessment. In this respect, we will forward your data to Klarna for the purposes of the address and credit check as part of the purchase process and the execution of the purchase contract. Please understand that we can only offer you the types of payments that are allowed on the basis of the results of the credit assessment. Further information and terms of use for Germany can be found here and for Austria here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and according to the information in Klarna's Privacy Policy Germany/Austria.

Seven. Repayment of goods vouchers
(1) The voucher can be redeemed in our online shop with the corresponding voucher code for goods. A cash payment or exchange for another voucher is excluded.
(2) Any commercial or commercial resale of a voucher is not permitted.
(3) If the purchase value is above the voucher value, the existing payment terms shall apply.
(4) The voucher must be redeemed within a period of two years from the date of issue. Then this one falls. An extension is excluded.
(5) If the coupon is not fully redeemed, the balance cannot be paid in cash. This is well written to the original voucher code.
(6) No cash payment is made in exchange. The amount is well written to the original voucher code and can be redeemed against goods.

Eight. Specific defects, guarantee
(1) The supplier shall be liable for any material defect in accordance with the applicable legal provisions, in particular Article 434(f). BGB! Liability for damages shall be governed solely by Section 8 of these Terms and Conditions. In respect of contractors and in the supply of second-hand goods, the warranty obligation shall be twelve months for products supplied by the supplier.
(2) Supplementary guarantees shall apply to goods delivered by the supplier only if they have been expressly delivered in the contract confirmation to the relevant article. The agreed nature of the articles does not constitute a guarantee given by the supplier to the customer.
 
Nine. Liability
We are always fully liable for damages caused by us, our legal representatives or agents
(ii) injury to life, body or health;
In the event of intentional or grossly negligent breach of duty,
(ii) in the case of guarantees, as agreed; or
(iii) where the scope of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which allows the proper implementation of the contract in the first place and which the contractual partners may rely on regularly, (cardinal duties) through slight negligence on our part, the liability of our legal representatives or agents is limited to the amount of damage foreseeable at the conclusion of the contract, which is typically expected to occur.
In addition, claims for damages are excluded.

Ten. Revocation
Please note that we can only accept returns sent back to our warehouse (Rothenburg 48, 48143 Munster) in Germany.
Withdrawal
You have the right to withdraw from this Treaty within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party designated by you, other than the carrier, took possession of the goods, or hat.
In the case of a contract for several goods ordered by the consumer und er a single order and delivered separately, the withdrawal period shall be fourteen days from the date on which you or a third party designated by you, other than the carrier, took possession of the last goods or hat.
In the case of a contract for the supply of goods in several subconsignments or pieces, the withdrawal period shall be fourteen days from the date on which you or a third party designated by you, other than the carrier, took possession of the last subconsignment or the last item; or hat.
To exercise your right of withdrawal, you must:

Leevje GmbH,
Address: Rothenburg 48, 48143 Munster, Germany
Tel.: 0251 3740 1853
Email: hello@leevje.com

inform by means of a clear statement (e.g. a letter, fax or e-mail) of your decision to revoke this contract. You may use the model withdrawal form attached as an attachment, but this is not required.
In order to respect the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we will have paid you all the payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the most advantageous standard delivery offered by us), repay immediately and no later than fourteen days from the date on which the notice of withdrawal of this contract was received from us. For this refund we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged fees for this refund. We may refuse repayment until we have recovered the goods or until you have provided proof that you have returned the goods, whichever is the earlier date.
You shall immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract:

Leevje GmbH,
Rothenburg 48
48143 Munich

return or surrender. The period shall be respected if you send the goods before the expiry of the fourteen-day period.
They shall bear the direct cost of returning the goods. In the event that, by reason of their nature, the goods cannot normally be returned by post, they shall bear the direct cost of returning the goods.
They shall be liable for any loss in the value of the goods only if such loss in value is due to a treatment which is not necessary for the examination of the nature, characteristics and functioning of the goods.

11. Failure to comply Elimination of the right of withdrawal
(1) A right of withdrawal shall not apply to the following contracts: contracts for the supply of goods which are not pre-prepared and for the manufacture of which an individual choice or destination by the consumer is essential or which are clearly tailored to the personal needs of the consumer;
contracts for the supply of goods which could quickly spoil or exceed their expiry date;
(2) An original right of withdrawal shall expire under the following conditions for the respective contracts:
contracts for the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return when their seals have been removed after delivery;
Contracts for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature.

12. Exclusion of the obligation to provide information to customers who are not consumers
If the customer is not a consumer, the provider's obligation to provide information is 
Section 312i ABs. 1 sentence 1 No. 1 to no. 3, according to which the entrepreneur would be obliged to provide the customer with adequate, effective and accessible technical means by means of which the customer can detect and correct input errors before placing his order; 2.expressly excludes the information specified in Article 246c of the Introduction Act of the Civil Code in good time before placing his order in a clear and comprehensible manner and 3. to confirm receipt of his order immediately by electronic means.

12a. Information on Online Dispute Resolution / Consumer Dispute Resolution Act
(1) The European Commission has created an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can reach the OS platform at the following link:www.ec.europa.eu/consumers/odr
(2) leevje GmbH will not participate in a dispute resolution procedure before a consumer arbitration body within the meaning of the VSBG and is not obliged to do so.

13. Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the Sale of Goods.
(2) The language available for the conclusion of the contract is solely German.

(3) Insofar as 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 registered office of the provider, unless there is a different mandatory place of jurisdiction.
 
(4) The contract remains binding even in the event of legal invalidity or nullity of individual points in its remaining parts. In place of the ineffective or void points, if any, the statutory provisions shall apply. However, insofar as this would constitute an unreasonable hardship for a Contracting Party, the contract will become ineffective as a whole.
(as of January 16, 2019)