Terms of service
General Terms and Conditions and Customer Information
(Status: June 25, 2020)
A. General Terms and Conditions
§ 1 Scope, Customers
I. These General Terms and Conditions apply to all business relationships between the company LIVE FAST DIE YOUNG Clothing GmbH, legally represented by the Managing Director Lorenz Amend, Schloßstraße 57, 40477 Düsseldorf, Germany, (hereinafter referred to as "Company") and its customers in the respective version valid at the time of conclusion of the contract. Furthermore, they contain legally required important customer information. Conflicting, deviating or supplementary General Terms and Conditions of the Customer, even if known, shall not become part of the contract, unless the Company has agreed with conflicting, deviating or supplementary General Terms and Conditions of the Customer in whole or with regard to individual provisions.
II. customers of the company in the sense of these general terms and conditions are both consumers and entrepreneurs.
Entrepreneurs in the sense of § 14 BGB are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
Consumers in the sense of § 13 BGB are natural persons who conclude a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity.
III. customers in Germany and abroad are supplied.
§ 2 Offers and conclusion of contract via the company's website
I. All offers of the company are subject to change and non-binding. A contract between the company and the customer is only concluded when the company accepts an offer from a customer. In case of spelling and calculation mistakes as well as errors on the website, the company reserves the right not to accept an order.
II. If a Customer places an order on the Company's Internet site via the Internet, the Company shall immediately confirm receipt of the order. This confirmation of receipt of the order does not constitute an acceptance of the offer, but only informs the customer that his order has been received by the Company.
III. By sending an order to the Company via the Company's website, the Customer submits an offer to conclude a purchase contract with the Company. The acceptance of the offer and the conclusion of the contract with the Company shall be effected by an express declaration of acceptance by e-mail or by sending the ordered goods to the Customer.
The Company is entitled to accept the contractual offer made with the order via the Company's website within 5 days of receipt of this offer by the Company by means of an express declaration of acceptance or by sending the ordered goods.
If the customer concludes his order with the payment instruction by PayPal PLUS, by credit card or by instant bank transfer, the contract is concluded at the latest with the submission of the payment instruction by the customer.
§ 3 Terms of payment and prices
I. The payment of the goods ordered by the customer is made at the option of the customer by advance payment, by PayPal PLUS, by credit card or by instant bank transfer. Unless otherwise stated below, the customer's payments are due within 14 days after conclusion of the contract at the latest. The debit of the customer's account takes place after the execution of the payment process.
a) Payment in advance
The bank details will be sent to the customer after conclusion of the contract.
b) Payment by PayPal PLUS
When paying via the payment service PayPal PLUS, the customer has the option to make a payment from his PayPal account, by direct debit from a German bank account or by credit card.
c) Payment by credit card
When paying by credit card, the customer has the option to make a payment by credit card.
d) Payment by Sofortüberweisung
When paying by instant bank transferanonline payment systemof Sofort GmbH for cashless payment on the Internet.used.
II. the price indicated in the presentation of the goods in each case is understood as the total price including any applicable VAT (currently 19%) and other price components, but excluding delivery and shipping costs.
§ 4 Shipping costs and import duties
I. In addition to the purchase price, the company charges the customer shipping costs. The amount of the shipping costs can be found on the company's website. In addition, customers will be clearly informed of the shipping costs before submitting an order on the order page.
II. in the case of deliveries of goods to countries outside Europe, import duties may be incurred for the import of goods, which shall be borne by the customer. The amount of import duties varies in different customs areas. The customer is responsible for the proper payment of all necessary customs duties and fees.
§ 5 Default of payment
If the customer does not pay after a reminder from the company, which is sent after the due date, he is in default due to the reminder. During the period of default, the customer shall pay interest on the monetary debt at a rate of 5% above the base interest rate.
§ 6Delivery, shipment in several packages
I. Delivery shall be made to the delivery address specified by the customer as part of the order. If the customer/recipient specifies an alternative drop-off location with the shipping service provider, the transport risk for the package shall pass to the customer/recipient after delivery to the drop-off location.
II. the company is entitled to send the goods to the customer in several parcels when several items are ordered, provided that this is reasonable for the customer. Any additional shipping costs incurred as a result shall be borne by the Company.
§ 7 Delivery times
The dispatch of the goods takes place regularly two working days, in individual cases, however, at the latest 4 working days after receipt of the payment of the customer with payment in advance or after execution of the payment procedure with payment by PayPal PLUS or with payment by Sofortüberweisung.
§ 8 Transfer of risk
I. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods with the handover, in the case of mail order purchase with the delivery of the goods to the shipper, the carrier or other persons or institutions designated to carry out the shipment to the buyer.
II. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall not pass to the buyer until the item is handed over, even in the case of a mail-order purchase.
III. it is equal to the handover, if the buyer is in default of acceptance.
§ 9 Retention of title
I. Until full payment, the delivered goods remain the property of the company.
II. vis-à-vis customers who are entrepreneurs, the company retains title until all claims to which we are entitled against the buyer for any legal reason arising from the business relationship have been satisfied.
III. the customer is obliged to inform the company immediately of any seizure or other impairment of the reserved goods by third parties.
§ 10 Right of revocation, costs of return in case of revocation
I. Consumers are entitled to the statutory right of revocation. Company shall inform customers, among other things, on its website about the existence or non-existence of a right of withdrawal as well as the conditions, details of the exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of the withdrawal. In addition, in the case of orders placed via the Internet, the customer shall be provided with a revocation instruction in text form that complies with the statutory requirements at the latest upon conclusion of the contract.
II. consumers shall return or hand over to the company goods which, due to their nature, can be returned normally by post (including parcel services) without undue delay and in any case no later than within fourteen days from the day on which consumers notify the company of the revocation of this contract. The deadline is met if consumers send the goods before the expiry of the period of fourteen days. Consumers shall bear the direct costs of returning the goods.
III. the right of revocation does not exist according to § 312g Abs. 2 Nr. 1 BGB in particular with remote sales contracts for the supply of goods, which are not prefabricated and for whose production an individual selection or determination by the consumer is relevant or which are clearly cut to the personal needs of the consumer.
§ 11 Warranty and liability
The warranty rights of the customer and the liability of the company shall be governed by the statutory provisions.
§ 12 Data Protection
I. The company undertakes to treat the personal data of the customers confidentially. The collection, processing and use of personal data shall be carried out in accordance with the statutory provisions. Personal data will only be passed on to third parties within the framework of the execution of the contract. The data received from the customer will be collected, processed and used by the entrepreneur for the execution of the contract.
II. customers can request their personal data stored by the entrepreneur at any time. Information can also be provided by e-mail. For the deletion of user information within the framework of the legal provisions, customers can contact the company at any time. Further information on data protection can be found in the separate privacy policy.
§ 13 Final provisions, place of jurisdiction, severability clause
I. The legal relationship between the customers and the company shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If provisions of the country in which a customer who is a consumer has his habitual residence provide for protection for consumers that does not exist in German law, these provisions shall apply to the legal relationship between this customer and the company.
II. if the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be Düsseldorf. The same shall apply if the customer is an entrepreneur and has no general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
III. the company is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, and the company does not offer participation in such a procedure.
IV. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
V. Contracts may be concluded in German or English.
B. Customer Information
1. information on the identity of the seller
Operator of the Internet site, contracting party and provider of this Internet site is the
LIVE FAST DIE YOUNG Clothing GmbH
Schloßstraße 57
40477 Düsseldorf
Managing Director: Lorenz Amend
E-Mail: support@livefastdieyoung.de
Internet: www.livefastdieyoung.com
Register Court: Local Court Düsseldorf
Register Number: HRB 69399
Sales Tax Identification Number: DE 287686637
2. information about the legal right of withdrawal for consumers
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must send us
LIVE FAST DIE YOUNG Clothing GmbH
Königsberger Str. 100 (Hall A10)
40231 Düsseldorf
E-mail:support@livefastdieyoung.de
by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
To comply with 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 the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may, in the case of goods which by their nature can be returned normally by post (including parcel services), refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
LIVE FAST DIE YOUNG Clothing GmbH
Königsberger Str. 100 (Hall A10)
40231 Düsseldorf, Germany
or to hand over the goods. The deadline is met if you send the goods before the deadline of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
3. information on the essential characteristics of the goods
The essential characteristics of the goods result from the respective product descriptions of the posted products.
4. information on the conclusion of the contract
The conclusion of the contract takes place, if you place an order via our website, according to § 2 of our General Terms and Conditions.
5. information about payment and delivery
Our payment and delivery conditions can be found at § 3, § 4, § 5 and § 6 of our General Terms and Conditions.
Our note on payment processing when paying by credit card:
The settlement of the website via credit card is made by:
HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l.
1, Place du Marché
L-6755 Grevenmacher
R.C.S. Luxembourg B 144133
E-mail: info @ hso-services.com
Managing Director:
Dipl. Vw. Mirko Hüllemann, Heiko Strauß, Ramona Spies
6. information about technical steps leading to the conclusion of the contract
The conclusion of a sales contract takes place through offer and acceptance.
You can place an order via our website by placing a selected product in the shopping cart. To do this, you can click the "Add to shopping cart" button on the product page. If you wish, you can then add other products to the shopping cart in the same way.
After selecting the product or products, you can click on the "Shopping Cart" button. A new page will then open displaying the previously selected contents of the shopping cart.
Immediately from the shopping cart page, you have the option to continue shopping without registering as a customer by clicking on the "Continue" button, to open a new personal customer account, or to log in using an existing customer account.
After entering your data required for the order or after displaying the existing customer data, you have the option of specifying the details of shipping and the method of payment.
Another button allows you to review the previous information about the item, address, shipping method and payment method.
If you then click on the "Buy" button, you are making an offer to purchase the item(s) you have selected.
Acceptance by us takes place in accordance with § 2 of our General Terms and Conditions.
7. information on the storage of the contract text
If you place an order via our website, the text of the contract will be stored by us and sent to you by e-mail or post upon request together with the General Terms and Conditions valid at the time of the conclusion of the contract.
8. information about the technical means to recognize and eliminate input errors
Before binding submission of the order, you can continuously correct your entries using the input devices you use (usually keyboard and mouse). In addition, all entries are displayed again in an overview before the binding submission of the order and can also be corrected there using the input devices used by you.
Before the binding submission of the order, there is also always the option to cancel an order process by closing your Internet browser.
9 Information on the languages available for the conclusion of the contract
The German and English languages are available for the conclusion and processing of the contract as well as for customer service.
10. information about the legal liability for defects for goods and customer service
Customers are entitled to the statutory liability for defects of goods.
If you have any questions about our products, you can contact our customer service at the telephone number +49 211 361 89449.
There are no costs for the customer service beyond the usual connection charges.
You can reach us by telephone on weekdays from 10:00 to 18:00.
11. information on data protection
Our data protection practice is in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). For detailed information, please refer to our separate privacy policy.
12. information about gift vouchers
Terms of LIVE FAST DIE YOUNG Clothing GmbH for vouchers / gift vouchers
These redemption conditions for gift certificates apply to all gift certificates purchased in our online store at www.livefastdieyoung.com or in one of our stores.
Redemption
* Vouchers can only be redeemed on www.livefastdieyoung.com or in one of our stores.
* Vouchers can be redeemed via the regular online order form (shopping cart). In stores, the presence of the voucher must be communicated to the seller before the seller completes the checkout transaction. The vendor can deduct the voucher value from your shopping cart using the voucher code in the checkout system.
* If the value of the voucher is not sufficient for your order, you can pay the difference using another payment method approved by LFDY.
* Only one voucher can be redeemed for an order or purchase.
* The voucher is transferable. We may make payment with discharging effect to the respective holder redeeming the voucher. This does not apply if we have knowledge or grossly negligent lack of knowledge of the ineligibility, legal incapacity or lack of authority to represent the respective holder.
General
* For the redemption of the voucher, the General Terms and Conditions and Privacy Policy of LIVE FAST DIE YOUNG Clothing GmbH apply, which are available on the website www.livefastdieyoung.com.
* Cancellation of voucher orders can be made by our customer service only if the voucher has not yet been redeemed.
* LFDY may send the purchaser of vouchers information about the status of the redemption of the voucher.
Restrictions
* Vouchers cannot be paid out in cash, transferred for value, offset against outstanding receivables or transferred to another customer account. Business resale of vouchers is also not permitted.
Liability and risk of loss
* LFDY assumes no liability for spelling errors in the email address of the voucher recipient. Likewise, LFDY assumes no liability for loss, theft, misuse or delayed transmission (for example, due to technical difficulties) of gift vouchers.
Fraud
* In the event of fraud, attempted deception or reasonable suspicion of other illegal activity in connection with a gift voucher purchase or redemption, LFDY is entitled to close the relevant customer accounts and/or require an alternative method of payment. There is no entitlement to activation or payout of affected gift certificates that were not properly purchased in our online store or in one of our stores.
Do you still have questions? You can reach our customer service via support@livefastdieyoung.de or via the phone number listed on the website. Do not forget to have your voucher code or the corresponding order number at hand.
Düsseldorf, June 25, 2020