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Terms of service

between

leevje GmbH
Address: Rothenburg 48, 48143 Münster, Germany
represented by the management consisting of: Anna-Marie Ortmeier, David Ortmeier
- hereinafter referred to as "Provider" -.

and

every natural or legal person who as a consumer or entrepreneur
makes offers and/or concludes contracts via the platform leevje.com
- in the following "customer" -.

1. area of application, definitions
(1) For the business relation between the supplier and the customer the following general terms and conditions are exclusively valid in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity (§ 13 BGB). On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity (§14 BGB).

2. conclusion of the contract
(1) The Customer may select various products (hereinafter collectively referred to as "Products") from the Provider's product range and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "order with obligation to pay", he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by placing a check mark next to the "Accept GTC" selection field and has thereby included them in his application. The GTC can be called up via a hyperlink, saved as a .pdf file and/or printed out before the tick is set. The same applies to the information on any existing right of withdrawal.
(2) The Provider shall then send the Customer an automatic order confirmation by e-mail, in which the Customer's order is listed again and which the Customer can print out if desired. The automatic order confirmation (referred to as "Order Confirmation") merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is concluded only by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (designated as "order confirmation"), which is sent no later than one day after sending the order confirmation.

3. delivery area, delivery times
(1) Deliveries are only possible to delivery addresses in Germany and the following countries:
(2) Delivery times stated by us are calculated from the time of our order confirmation and are stated on the homepage of the online store at the respective article.

4. reservation of proprietary rights
Until full payment by the customer, the delivered goods remain the property of the provider.

5. prices and shipping costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory sales tax.

Delivery within Germany:

The shipping costs are 4.90 € (including VAT) and apply to any delivery under 99 €. From a purchase value of 99 € we ship free of charge within Germany. Please note that delivery cannot be made on Sundays and public holidays.

Delivery within the EU:

The shipping costs for the following countries are a flat rate of EUR 9.90 (including VAT) and are generally charged for each delivery.Please note that delivery cannot be made on Sundays and public holidays.

Belgium
Denmark
Netherlands
Austria

The shipping costs for the following countries are a flat rate of EUR 13.90 (including VAT) and are generally charged for each delivery. Please note that delivery is not possible on Sundays and public holidays.

France
Great Britain

The shipping costs for the following countries are a flat rate of EUR 19.90 (including VAT) and are generally charged for each delivery. Please note that no delivery can be made on Sundays and public holidays.

Finland
Ireland
Italy
Norway
Poland
Portugal
Sweden
Spain
Czech Republic
(3) The goods are shipped by parcel delivery by DHL or DPD. The shipping risk is borne by the provider if the customer is a consumer. If the customer is an entrepreneur, the delivery is EXW business location of the provider (Incoterms 2010).
6. payment modalities
(1) The payment of the products to the provider can, at the option of the customer, exclusively against prepayment, payment by PayPal or by credit card. If the customer is an entrepreneur, he can also choose the payment method invoice. The payment modalities are as follows, depending on the payment method chosen by the customer:

PayPal
The use of the payment method PayPal proceeds as follows: Following the order, the customer is automatically redirected to the PayPal payment form. As a registered PayPal customer, the customer can log in there using the user data stored at PayPal and make the payment. However, the customer can also choose the payment method PayPal without already being a PayPal customer. In this case, the customer can log in to PayPal as a guest or create a new PayPal account and subsequently make the payment via PayPal.
If the customer makes a payment by selecting the PayPal payment system, the order will be processed by the provider as soon as the receipt of payment has been booked. This is usually the case very quickly. In some cases, however, PayPal may experience system-related delays due to processing errors or the like. The provider has no influence on these delays and is not responsible for them.
For more information please visit: www.paypal.com/de

Credit card
Payment by credit card is an easy and cheapest way of payment. You save time, unnecessary ways and fees. The customer informs us about the 16-digit card number, the expiry date and the card issuing institute (VISA, Mastercard). Please note that the customer and the cardholder must always be identical. We will only deliver to the credit card holder.

Invoice
The purchase "on account" is made in cooperation with:
Klarna Bank AB (publ)
Sveavägen 46
111 34 Stockholm
Sweden
The following payment methods are available:
Invoice: The payment period is 14 days from the date of shipment of the goods. The invoice conditions "purchase on account" for deliveries to Germany can be found here and for deliveries to Austria here.
Installment purchase (only available in Germany): With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. For more information about the installment purchase, including the terms and conditions and the European standard information for consumer credit, click here.
Immediately: Your account will be debited immediately after placing the order.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here and for Austria here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's Privacy Policy Germany/Austria.

7. redemption of merchandise vouchers & discounts
(1) The voucher can be redeemed for goods in our online store with the corresponding voucher code. A cash payment or an exchange for another voucher is excluded.
(2) Any commercial resale of a voucher is not permitted.
(3) If the purchase value is higher than the voucher value, the existing payment conditions apply.
(4) The voucher must be redeemed within a period of 2 years from the date of issue. After that it expires. An extension is excluded.
(5) If the voucher is not redeemed in full, the remaining amount cannot be paid out in cash. This will be credited to the original voucher code.
(6) In the event of an exchange, no cash payment will be made. The amount will be credited to the original voucher code and can be redeemed for merchandise.
(7) Discount codes are generally not applicable to sale items.
8 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. Liability for damages shall be determined exclusively in accordance with § 8 of these GTC. Towards entrepreneurs as well as in case of delivery of used goods, the warranty period for products delivered by the provider is 12 months.
(2) An additional warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective article. The agreed condition of the articles does not constitute a guarantee by the provider to the customer.

9. Liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- for injury to life, limb or health
- for intentional or grossly negligent breach of duty
- for warranty promises, if agreed, or
- if the scope of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. cancellation policy
Please note that we can only accept returns that are sent back to our warehouse in Germany.
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, has or has taken possession of the goods. On the fourteenth day, the package must have been delivered to a drop-off station at the latest in order to meet the deadline.
In the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
In the event of a contract for the delivery of goods in several partial shipments or pieces, the following shall apply: The revocation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.
In order to exercise your right of withdrawal, you must contact us:

leevje GmbH
Address: Rothenburg 48, 48143 Münster, Germany
Phone: 0251 3740 1853
E-mail: hallo@leevje.com

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the sample revocation form enclosed as an attachment, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we must refund all payments for the goods we have received from you immediately and at the latest 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 in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may 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 have to return the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to

leevje GmbH
Albrecht-Thaer-Strasse 8
48147 Münster
Germany

to send back or hand over the goods. The deadline is met if you send the goods before the expiration of the period of fourteen days.
You shall bear the direct costs of returning the goods. In the event that the goods cannot be returned normally by post due to their nature, the following shall apply: You shall bear the direct costs of returning the goods.The costs amount to 3.90 € and will be deducted from the refund amount to the customer if a return has been registered via the returns portal. We cannot bear the costs for returns of bulky goods.
Foodstuffs are excluded from the right of return.
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

11. non-existence or expiry of the right of withdrawal
(1) A right of revocation does not exist for the following contracts: Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
(2) An originally existing right of revocation shall expire in the case of the respectively named contracts under the following conditions:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.

12. exclusion of the duty to inform customers who are not consumers
If the customer is not a consumer, the supplier's duty to inform according to
§ 312i ABs. 1 Satz 1 Nr. 1 to Nr. 3, according to which the entrepreneur would be obliged to provide the customer with 1. appropriate, effective and accessible technical means, with the help of which the customer can recognize and correct input errors before submitting his order; 2.to provide the information specified in Article 246c of the Introductory Act to the Civil Code in a clear and comprehensible manner in good time before the customer places his order; and 3. to confirm receipt of the customer's order electronically without delay.

12a. Information on Online Dispute Resolution / Consumer Dispute Resolution Act
(1) The EU Commission has created an Internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. You can reach the OS platform under the following link:www.ec.europa.eu/consumers/odr
(2) The leevje GmbH will not participate in a dispute resolution procedure before a consumer arbitration board in the sense of the VSBG and is also not obliged to do so.

13. final clauses
(1) The law of the Federal Republic of Germany is applied to the contracts between the supplier and the customers under exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The language available for the conclusion of the contract is exclusively German.

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

(4) The contract remains binding in its remaining parts even if individual points are legally invalid or void. Instead of the ineffective or void points, the statutory provisions, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(Status 16.01.2019)


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