General Terms and Conditions (GTC)

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Complaints / Liability for Defects
12. Extended Shipping (Holiday)
13. Applicable Law
14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Monika Cybulska, operating under "Katleya Lune – Monika Cybulska" (hereinafter "we/us"), apply to all contracts for the delivery of goods concluded between you, as a consumer or entrepreneur (hereinafter "you"), and us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.

1.2 These GTC apply analogously to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 You are considered a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither commercial nor your independent professional activity.

1.4 You are considered an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 We can accept your offer within five days by sending you a written order confirmation or an order confirmation in text form (fax or email), or by delivering the ordered goods to you, or by requesting payment from you after you have placed your order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first.

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.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full.

2.5 When an offer is submitted via our company's online order form, the contract text is stored by us after the conclusion of the contract and sent to you in text form (e.g. email, fax or letter) after your order has been dispatched.

2.6 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct, so that emails sent by us can be received at this address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to you in our online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.4 If a payment method offered via the payment service "Mollie" is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands. Further information on "Mollie" can be found on the internet at https://www.mollie.com/de/.

4.5 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden.

5) Delivery and Shipping Terms

5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address you have provided, unless otherwise agreed.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarder, the carrier or the person otherwise designated to carry out the shipment.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows: via email

5.7 Shipping is exclusively within Germany.

6) Retention of Title

If we provide advance payment, we reserve ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

• we have the choice of the type of supplementary performance;
• the limitation period for defect claims for new goods is one year from delivery of the goods;
• defect claims for used goods are excluded;
• the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects.

7.2 The limitations of liability and shortening of deadlines regulated above do not apply to claims for damages and reimbursement of expenses, in the case of fraudulent concealment, for goods that have been used for a building, and for any existing obligation to provide updates for digital products.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If you act as a merchant within the meaning of § 1 HGB, you are subject to the commercial duty of inspection and notification of defects according to § 377 HGB.

7.5 If you act as a consumer, you are requested to complain about goods delivered with obvious transport damage to the delivery person and to inform us of this. Failure to do so has no effect on your statutory or contractual claims for defects.

8) Liability

The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 We are liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, and on the basis of mandatory liability such as under the Product Liability Act.

8.2 If we negligently violate an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless we are liable without limitation according to the preceding paragraph.

8.3 Otherwise, our liability is excluded.

8.4 The aforementioned liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by you as a consumer.

9.3 Individual products may be excluded from the voucher campaign.

9.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed by you per order.

9.6 If our promotional voucher refers to a specific value and not to a percentage discount, your merchandise value must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by us.

9.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to settle the difference.

9.8 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 The promotional voucher will not be refunded if you return goods paid for entirely or partially with the promotional voucher within the scope of your statutory right of withdrawal.

9.10 The promotional voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase.

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

10.4 Only one gift voucher can be redeemed per order.

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

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference.

10.7 The credit of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The seller can discharge their obligation by paying to the respective holder.

11) Complaints / Liability for Defects

-Every complaint will be examined by us before a refund, replacement delivery or other solution is made.

-Video recordings of the packaging can serve as evidence in the event of a complaint. These recordings will be used exclusively for this purpose and will not be passed on to third parties.

The statutory warranty rights according to § 437 BGB apply.

12) Extended Shipping (Holiday)

-In exceptional cases, such as seller's holiday or other extraordinary circumstances, the shipping time may be extended.

-Customers will be informed about the holiday period or the delay in good time on the website or by email.

-Orders received during this period will be dispatched after the end of the holiday or on the date specified in the notice.

-Delays during this period only give rise to a right to compensation if they are not due to intent or negligence on the part of the seller.

13) Applicable Law

For all legal relationships between you and us, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.

14) Alternative Dispute Resolution

14.1 We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14.2 The EU Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr