Terms and Conditions for Business Customers B2B
General Terms and Conditions for Business Customers B2B
§ 1 Scope of Business
By placing the order, the customer ("Buyer") acknowledges the following General Terms and Conditions of Luisella Ströbele ("luis ella") for the use of the luis ella Online Shop.
§ 2 Conclusion of Contract and Right of Withdrawal/Cancellation
Luisella Ströbele is free to refuse orders. The decision lies at the sole discretion of Luisella Ströbele. If an order is not executed, we will inform the customer within a period of 5 working days.
The offers from Luisella Ströbele are non-binding and valid until the delivery date.
All oral, especially telephone side and supplementary discussions, including those regarding the execution of the online order, require a separate written confirmation by Luisella Ströbele to be valid. Our silence on subsequent requests for changes and/or additions means rejection.
§ 3 Delivery
Unless otherwise agreed, delivery is made from the manufacturing facility in Berlin to the delivery address specified by the customer.
The delivery is at the expense and risk of the recipient.
Luisella Ströbele is entitled to deliver the goods in partial shipments after consultation with the buyer.
Complaints about deliveries or their invoicing can only be made within the statutory periods after receipt of the delivery.
Transport damages or partial losses must be confirmed by the carrier.
After the expiration of the delivery period agreed upon in the order, a delivery extension period of 16 days begins. After the delivery extension period, the withdrawal from the contract is considered effective, excluding claims for damages.
The costs of a return based on incorrect or incomplete addressing, or due to the customer's refusal to accept, will be charged to the customer.
The withdrawal from the contract as stated in the preceding paragraph does not occur if the buyer declares in writing to Luisella Ströbele during the delivery extension period that he insists on the fulfillment of the contract. However, Luisella Ströbele will be released from the delivery obligation if the buyer does not respond to our written inquiry within the delivery extension period regarding whether he insists on contract fulfillment.
The timeliness of delivery depends solely on the day the goods are handed over by Luisella Ströbele to the shipping company.
If the buyer wishes to claim damages for non-fulfillment, he must set Luisella Ströbele a written deadline of 4 weeks, threatening that he will reject fulfillment after the deadline. This only applies if we receive this written notification within the aforementioned delivery extension period. The amount of damages will in any case be limited to a maximum of 1/3 of the order value.
§ 4 Prices and Payment Terms
All product prices are stated in euros. All prices are understood as recommended retail prices.
The invoice amount is due and payable upon ordering. Luisella Ströbele accepts the displayed payment methods during the ordering process, such as payment via PayPal, credit card, or payment on invoice. If the buyer pays by invoice, the invoice amount is due immediately as advance payment.
§ 5 Warranty / Complaints
Obvious, particularly visible defects in the delivered goods, including transport damage, must be reported in writing immediately upon delivery, but no later than 1 week after receipt, with a detailed description.
Luisella Ströbele is only obliged to accept returns of goods for the purpose of checking for defects if the buyer has previously announced the return in writing, stating the invoice number and invoice date.
If there is a defect in the purchased item for which Luisella Ströbele is responsible, the buyer may choose to demand subsequent performance through rectification of the defect or replacement delivery within a period of 20 working days. If Luisella Ströbele is not willing or able to rectify the defect/replacement delivery due to disproportionate effort, or if this is delayed beyond reasonable periods for reasons for which Luisella Ströbele is responsible, or if the rectification/replacement delivery fails in any other way, the buyer is entitled, at their option, to withdraw from the contract or demand a corresponding reduction in the purchase price.
In the case of transport damage, the goods must be kept in the condition in which they were found upon discovering the damage.
Unless otherwise stated below, further claims by the buyer - regardless of the legal grounds - are excluded. Luisella Ströbele is not liable for damages that did not occur to the delivery item itself; in particular, Luisella Ströbele is not liable for lost profits or other financial losses of the buyer. To the extent that Luisella Ströbele's liability is excluded, this also applies to the personal liability of employees, representatives, and agents.
The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence, or if there is personal injury. It also does not apply if the buyer asserts claims under §§ 1,4 Product Liability Act, or claims for defects under §§ 437 BGB. The same applies in cases of initial inability or attributable impossibility.
If Luisella Ströbele negligently violates a material contractual obligation, the liability for property damage is limited to the damage typically incurred.
§ 6 Interruption of delivery, withdrawal
- In cases of force majeure, official measures, as well as unavoidable operational disruptions lasting longer than a week or expected to last, the delivery period or acceptance period will be extended by the duration of the hindrance, but for no longer than 5 weeks plus a subsequent delivery period. The extension does not occur if Luisella Ströbele does not inform the buyer immediately about the reason for the hindrance as soon as it becomes apparent that the aforementioned deadlines cannot be met.
§ 7 Applicable law and jurisdiction
- German law applies, excluding the UN Sales Convention.
- The place of jurisdiction is the seat of Luisella Ströbele. If the buyer has no general place of jurisdiction in the country or if they relocate their residence or business location or their usual place of stay from the Federal Republic of Germany after the conclusion of the contract or if their residence or business location or their usual place of stay is not known at the time of filing the lawsuit, Luisella Ströbele reserves the right to sue the buyer at their place of jurisdiction.
§ 8 Severability clause
- If a provision of the terms and conditions of Luisella Ströbele is ineffective or unenforceable, this does not affect the validity of the contract and the remaining terms and conditions. The ineffective or unenforceable provision shall be replaced by an effective or enforceable provision that corresponds to its meaning.
§ 9 Disclaimer for external links
As far as links to websites of other providers are present, Luisella Ströbele has no influence on their content.
Therefore, Luisella Ströbele assumes no warranty or liability for this content. The respective provider or operator of the pages is always responsible for the content of these pages. The linked pages were checked for possible legal violations and recognizable legal infringements at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of a legal violation. If knowledge of legal violations arises, such links will be removed immediately.
§ 10 Applicable law
Only German law applies, excluding the UN Sales Convention, even if the customer resides abroad.
§ 11 Complaints
In case the customer wishes to complain about circumstances of the contract conclusion or the nature of contract execution, they can contact the following address:
luis ella
Luisella Ströbele
Bessemerstr 51
12103 Berlin Germany
Phone +49 (0)163 4522260
E-Mail mail@luis-ella.com
§ 12 Provider of the website
The website offered under the domain www.luis-ella.com is operated by
Luisella Ströbele
Bessemerstr 51
12103 Berlin Germany