1. Scope / Contracting Partner
1.1 These Terms and Conditions for the Sale of License (“T&C”) form the basis of the relationship between Lofelt GmbH (“Lofelt,” “we,” “our,” and “us”) and the purchasers of our goods and services (“customer,” “you,” and “your”). The accompanying confirmation of sale and these T&C comprise the entire agreement between you and Lofelt and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These T&C prevail over any of your general terms and conditions of purchase regardless of whether or when you have submitted your purchase order or such terms. Fulfillment of your order does not constitute acceptance of any of your terms and conditions and does not serve to modify or amend these T&C.
1.2 The following provisions of these T&C shall specifically apply to you if you reside in or otherwise purchased your Lofelt product in Europe: §5.1, §5.2, §6.1, §6.2, §6.3, §6.4, §8.3(f), §8.5, §9, §9.1, §9.2, §14.1, §14, and §16. For purposes of the provisions referenced in the above section 1.2, “Consumers” are natural persons within the meaning of § 13 of the German Civil Code (BGB) and “Entrepreneurs” are persons within the meaning of § 14 BGB and customers may be both Consumers and Entrepreneurs.
1.3 Any other terms and conditions provided by users that conflict or deviate from these T&C are unenforceable and are expressly rejected by Lofelt, unless we otherwise communicated our agreement thereto in writing.
1.4 Our contact information is below:
Managing Director: Daniel Büttner
Glogauer Str. 21, 10999, Berlin, Germany
For support-related questions, please contact our support team
For press-related questions, please visit https://lofelt.com/press/
3. Amendments and Access to Website
3.2 If we do not receive your objection to said changes within two weeks of our notification to you of such change or if you otherwise continue to use our products or services thereafter, the changes shall be deemed accepted by you.
3.3 We cannot always ensure continuous access to our website due to factors outside of our control, including but not limited to telecommunication networks being overloaded. We shall be deemed in compliance with our obligations regarding access to our websites if it is accessible for not less than 95% of the total time per calendar month. We will strive to post advance notice of scheduled maintenance work to our website when reasonably possible.
4. Final Provisions
4.1 Choice of law. If you reside in or purchased your Lofelt product in Europe, disputes arising out of these T&C shall be governed by and construed under the laws of the Federal Republic of Germany. If you reside or purchased your Lofelt product outside of Europe, disputes arising out of these T&C shall be governed by and construed under the laws of the State of New York and the United States of America. In any event, the provisions of the Convention for the International Sales of Goods shall not apply hereto.
4.2 Venue and jurisdiction. If you reside in or purchased your Lofelt product in the European Union, United Kingdom or Switzerland, the exclusive venue for any dispute arising out of this contract shall be Berlin, Germany. If you do not reside in or did not purchase your Lofelt product in Europe, the exclusive venue for any dispute arising out of this contract shall be New York, NY, USA. If you are a merchant or you have no general jurisdiction in Germany, or if your domicile is not otherwise known, you agree that the exclusive venue for any dispute arising out of this contract shall be in Berlin.
4.3 Referring to persons. Whenever the context requires, the masculine grammatical gender shall include the feminine grammatical gender.
5. Special information on the online dispute resolution for Consumers within the European Union
In the first quarter of 2016 the EU Commission launched an internet platform for online dispute resolution (the “ODR Platform”). The ODR Platform shall be a focal point for Consumers and vendors with disputes arising from online sales contracts (“Online Contracts”) who desire to resolve such Online Contract disputes outside of court.Online Contracts are sales or service contracts where the vendor, or the vendor’s intermediary, has offered goods or services on a website or by other electronic means and the Consumer has ordered such goods or services on that website or by other electronic means. The ODR Platform can be accessed through the following link: http://ec.europa.eu/consumers/odr.
6. Special Conditions for Contracts with Entrepreneurs within the European Union
The following exceptions from the T&C above apply to you if you are a resident of Europe or are not a Consumer within the meaning of § 13 BGB, but are an Entrepreneur within the meaning of § 14 BGB:
6.1 In deviation from Sec. 8.1 the warranty period shall be one year from the delivery of the goods.
6.2 In deviation from Sec. 8.1 the customer who is an Entrepreneur shall inspect the good for quality and quantity deviations without undue delay after delivery and shall notify Lofelt in writing of visible defects within a period of one week as of the delivery of the product. Otherwise assertion of the warranty claim shall be excluded. Hidden defects are to be reported in writing within a period of one week as of the detection.
6.3 Berlin, Germany is the agreed place of performance.
7. Force Majeure
If we are delayed or prevented from fulfilling any obligation incurred under these T&C due to reasonably unforeseeable events or so called acts of god including but not limited to: mobilization, war, riot, strike, lockout, fire, natural disasters, transport problems, changes to legal provisions, administrative measures or the occurrence of other unanticipated events not caused by us, our deadlines will be suspended accordingly without us incurring any additional liability or penalty.