Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you have with us as a supplier (Lyto Brands Group GmbH) via the website www.famwalls.de. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
§ 3 Formation of the contract
(1) Subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data are then displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop.
Before sending the order, you have the option of checking all the information here again, changing it (also using the "Back" function of the Internet browser) or canceling the purchase..
By submitting the order via the "buy" button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is formed.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 Customized goods
(1)You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 5 Special agreements on offered payment methods
(1) Payment via invoice with Klarna
In cooperation with Klarna we offer payment by invoice. Payment is made to Klarna within 14 days of the invoice date. The invoice will be issued when the goods are shipped and sent by email. You can find the billing conditionshere.
You will receive general information about Klarnahere. Your personal details will be processed by Klarna in accordance
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
II. Customer Information
1. Identity of Seller
Lyto Brands Group GmbH
Remscheider Strasse 11a
Phone:0221 96 88 03 28
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed athttps://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. Any costs incurred for transferring money (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
6.3. The order will be kept for a maximum of 14 days in the nearest post office. Unpicked orders are automatically returned to us. A processing fee of EUR 15.00 and postage will be charged for orders that are not picked up. As soon as we have received the payment, we will send the poster again.
7 Print Design Copyrights, Release from Liability
If the customer transmits his own motif or otherwise influences the product (text personalization), the customer assures Lyto Brands Group that the text and motif are free of third-party rights. In this case, any copyright, personality or naming rights violations are fully at the expense of the customer. The customer also assures that he does not infringe any other rights of third parties by customizing the product.
The customer will indemnify Lyto Brands Group from all claims and claims asserted due to the violation of such third-party rights, insofar as the customer is responsible for the breach of duty. Customer will reimburse Lyto Brands Group for all defense costs and other damages incurred.
8. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at:https://www.haendlerbund.de/agb-service.
last update: 08/22/2022