General terms and conditions

Table of Contents

1. Scope and definitions
2. Conclusion of the contract and storage of the contract text
3. Subject matter of the contract and essential characteristics of the products
4. Prices, shipping costs and delivery
5. Right of retention and retention of title
6. Right of withdrawal
7. Contract language
8. Liability
9. Statutory warranty rights
10. Final provisions and dispute resolution

Section 1 – Scope and definitions

(1) Legacylift Commerce UG (haftungsbeschränkt), Schillerplatz 8a (Remise), 14471 Potsdam, Germany (hereinafter referred to as “we”, “us” or “Babylon Berlin Merchandising”), operates an online shop for goods at https://www.babylonberlin.shop. These general terms and conditions apply to all services provided between us and our customers (hereinafter referred to as the “customer” or “you”) in the version applicable at the time the order is placed, unless expressly agreed otherwise.

(2) A “consumer” within the meaning of these general terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A “trader” is a natural or legal person, or a partnership with legal capacity, who or which enters into a legal transaction in the course of their or its trade, business or profession. A partnership with legal capacity is a partnership that is capable of acquiring rights and incurring liabilities.

Section 2 – Conclusion of the contract and storage of the contract text

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding (1) The following provisions concerning the conclusion of contracts apply to orders placed through our online shop at https://www.babylonberlin.shop.

(2) The presentation of products in our online shop is non-binding and does not constitute a binding offer to enter into a contract.

(3) When an order is placed through our online shop, the following provisions apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering process provided in our online shop. The ordering process consists of the following steps:

1. selecting the desired goods;
2. adding the products by clicking the relevant button, such as “Add to cart”, “Add to bag” or a similar button;
3. reviewing the information in the shopping cart;
4. opening the order summary by clicking the relevant button, such as “Proceed to checkout”, “Continue to payment”, “Review order” or a similar button;
5. entering or reviewing the address and contact details, selecting the payment method, and accepting these general terms and conditions and the cancellation policy;
6. where the agreed characteristics of the goods differ from their usual characteristics or conditions of use, confirming the agreement concerning that deviation; and
7. completing the order by clicking the “Buy now” button. This constitutes your binding order.

The contract is concluded when we send an order confirmation to the email address provided by you within three working days.

(4) If a contract is concluded, it is concluded with Legacylift Commerce UG (haftungsbeschränkt), Schillerplatz 8a (Remise), 14471 Potsdam, Germany.

(5) Before placing the order, the contractual information may be printed using the browser’s print function or saved electronically. Once you have placed the order, the order will be processed and all information required in connection with the conclusion of the contract, including the order details, these general terms and conditions and the cancellation policy, will be sent to you by email. This process may be partly automated. We do not store the contract text after the contract has been concluded.

(6) Input errors may be corrected using the standard keyboard, mouse and browser functions, such as the browser’s back button. They may also be corrected by cancelling the ordering process before completion, closing the browser window and starting the process again.

(7) The order will be processed and all information required in connection with the conclusion of the contract will be sent by email. This process may be partly automated. You must therefore ensure that the email address you provide to us is correct, that you are technically able to receive emails at that address and, in particular, that receipt is not prevented by spam filters.

Section 3 – Subject matter of the contract and essential characteristics of the products

(1) The subject matter of contracts concluded through our online shop is the sale of goods. Details of the specific goods offered can be found on the relevant product pages.

(2) The essential characteristics of the goods are set out in the product description. Where the agreed characteristics of the goods differ from their usual characteristics or conditions of use, this will be expressly stated in the product description. If the customer has expressly consented to such a deviation, the agreed deviation will form part of the subject matter of the contract.

Section 4 – Prices, shipping costs and delivery

(1) The prices and shipping costs stated in the relevant offers are total prices and include all price components and applicable taxes.

(2) Unless we expressly offer payment by invoice, the purchase price must be paid in advance before the product is delivered. The available payment methods are displayed under the appropriately labelled button in the online shop or in the relevant offer. Unless otherwise stated for a particular payment method, all payments are due immediately.

(3) In addition to the stated prices, shipping costs may be charged for the delivery of products unless the relevant item is expressly marked as qualifying for free shipping. The applicable shipping costs will be clearly displayed in the relevant offer and, where applicable, in the shopping cart and order summary.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch. The delivery time is between one and five days after receipt of payment.

(5) The following delivery restrictions apply: We currently deliver only within Germany.

(6) If delivery of the goods fails for reasons for which you are responsible, you must bear the reasonable costs incurred by us as a result. This does not apply to the cost of the original delivery if you validly exercise your right of withdrawal. If you validly exercise your right of withdrawal, the provisions concerning return shipping costs set out in our cancellation policy will apply.

Section 5 – Right of retention and retention of title

(1) You may exercise a right of retention only in respect of claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

Section 6 – Right of withdrawal

(1) As a consumer, you have a statutory right of withdrawal. Further details are set out in our cancellation policy.

Section 7 – Contract language

(1) The contract language is exclusively German.

Section 8 – Liability

(1) Subject to the exceptions set out below, our liability for breaches of contractual obligations and for tortious acts is limited to cases of intent and gross negligence.

(2) In cases of ordinary negligence, we have unlimited liability for injury to life, limb or health and for breaches of material contractual obligations. If, as a result of ordinary negligence, we are in default in performing our obligations, performance has become impossible or we have breached a material contractual obligation, our liability for any resulting property damage and financial loss is limited to the loss or damage that is typical of the contract and reasonably foreseeable.

A material contractual obligation is an obligation whose fulfilment is essential for the proper performance of the contract, whose breach would jeopardise the purpose of the contract and on whose fulfilment you may ordinarily rely. This includes, in particular, our obligation to act and to provide the contractually agreed performance described in section 3.

Section 9 – Statutory warranty rights

(1) Statutory warranty rights apply.

(2) For traders, the warranty period for delivered goods is 12 months.

(3) Consumers are requested to inspect the goods, digital goods or services promptly upon performance for completeness, apparent defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

Section 10 – Final provisions and dispute resolution

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

(2) The United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly does not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the provider’s registered office will be the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider.