Terms & Conditions.

Terms and Conditions including Customer Information

Table of Contents

1. Scope

2. Conclusion of Contract

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping terms

6. Contract duration and termination of subscription contracts for goods

7. Retention of title

8. Liability for defects (warranty)

9. Liability

10. Redeeming Gift Vouchers

11. Applicable law

12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Philipp Kleinheinz, trading as “Lennox Beverages” (hereinafter “Seller”), apply to all contracts for the supply of goods which a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These T&Cs apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.4 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the course of their commercial or self-employed professional activity.

1.5 Depending on the seller’s product description, the subject matter of the contract may be either the purchase of goods via a one-off delivery or the purchase of goods via a standing order (hereinafter referred to as the “subscription contract”). In the case of a subscription contract, the seller undertakes to supply the customer with the goods contractually owed for the duration of the agreed contract term in accordance with the contractually

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer’s offer within five days

– by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date of receipt of the order confirmation by the customer is decisive, or 

– by delivering the ordered goods to the customer, in which case the date of receipt of the goods by the customer shall be decisive, or

– by requesting payment from the customer after the customer has placed their order.

If more than one of the above alternatives applies, the contract is concluded at the time when the first of the above alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.I. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at  https://www.paypal.com/de/legalhub/paypal/useragreement-full or — if the customer does not have a PayPal account — subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and provided to the customer in writing (e.g. by email, fax or letter) after the customer has submitted their order. The Seller shall not make the contract text available in any other way. If the customer has set up a user account in the Seller’s online shop prior to submitting their order, the order details shall be archived on the Seller’s website and may be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be specified separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases additional costs may be incurred for which the seller is not responsible and which must be borne by the customer. These include, for example, costs associated with money transfers via financial institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the Seller’s online shop.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Where the Seller also offers payment methods via PayPal under which the Seller makes an advance payment to the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and returns, or credit notes.

4.5 If you select the “Sofortüberweisung” payment method, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account activated for use with “Sofortüberweisung”, authenticate themselves during the payment process and confirm the payment instruction. The payment transaction is carried out by Klarna immediately afterwards and the customer’s bank account is debited. The customer can find further information on the “Sofortüberweisung” payment method online at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online shop. To process payments, Stripe may use additional payment services, to which specific payment terms may apply; the customer may be notified of these separately where applicable. Further information on Stripe is available online at https://stripe.com.

4.7 If a payment method offered via the “Klarna” payment service is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions in this regard can be viewed here: https://www.lennoxbeverages.com/payment-methods

4.8 If you select the direct debit payment method via Stripe, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). In this case, Stripe will collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA Direct Debit mandate has been issued, but not before the expiry of the pre-notification period. Prenotification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or because incorrect bank details were provided, or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided they are responsible for this. The seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to refuse this payment method if the credit check is negative.

4.9 If the payment method ‘Credit Card via Stripe’ is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: ‘Stripe’). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Terms

5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the processing of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer, even in the case of consumers, as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. This applies only if the seller is not responsible for the nondelivery and has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of the goods being unavailable or only partially available, the customer shall be informed immediately and the payment shall be refunded without delay. 

5.5 Collection by the customer is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

– by email

6) Contract term and termination of subscription contracts for goods

6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the customer at any time without notice.

6.2 The right to terminate the contract for cause remains unaffected. Cause exists where, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.

6.3 Terminations may be made in writing, in text form (e.g. by email) or in electronic form via the termination facility (termination button) provided by the seller on its website.

7) Retention of title

If the Seller makes advance performance, it reserves ownership of the delivered goods until full payment of the purchase price owed.

8) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

8.1 If the customer is a business,

– the seller may choose the method of subsequent performance;

– for new goods, the limitation period for claims for defects is one year from delivery of the goods;

– for second-hand goods, rights arising from defects are excluded;

– the limitation period does not recommence if a replacement delivery is made under the warranty for defects.

8.2 The limitations of liability and shortened time limits set out above do not apply

– to the customer’s claims for damages and reimbursement of expenses,

– in the event that the seller has fraudulently concealed the defect,

– for goods which have been used in accordance with their normal purpose in a building and have caused its defectiveness,

– in respect of any obligation on the part of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

8.3 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.

8.5 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery agent regarding goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

9.1 The seller shall be liable without limitation on any legal ground

– in cases of intent or gross negligence,

– in the event of intentional or negligent injury to life, limb or health,

– on the basis of a warranty, unless otherwise specified in this regard,

– on the basis of mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, for the fulfilment of the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

9.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Redeeming gift vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one gift voucher may be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

10.7 The credit balance of a gift voucher will not be paid out in cash nor will it accrue interest.

10.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller is aware of, or is grossly negligent in failing to recognise, the holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of the respective holder.

11) Applicable law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal in the case of consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

12) Alternative dispute resolution 

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