Terms and Conditions
(1) These General Terms and Conditions (GTC) apply to all business relationships between customers and us, Fidu Brands GmbH, hereinafter referred to as "Seller."
Fidu Brands GmbHOtto-Hesse-Straße 19/T9
64293 Darmstadt
Germany
Registration Number: HRB 95515
Registry Court: Amtsgericht Darmstadt
Managing Directors: Christian Hinz, Erdem Keles
Email: info@lobsterlemonade.com
(2) A consumer is anyone who places an order for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 German Civil Code), hereinafter referred to as "Customer."
(3) You can access, print, and save the currently valid GTC at https://lobsterlemonade.com/de/imprint/.
(1) The presentation of goods in the online shop does not constitute a legally binding offer to conclude a purchase contract. Rather, it is a non-binding offer to the customer to order goods in the seller's online shop.
(2) By clicking the "SUBMIT ORDER" or "PLACE ORDER" button, the customer submits a binding offer to purchase (§ 145 German Civil Code).
(3) After receiving the purchase offer, the customer receives an automatically generated email confirming receipt of their order by the seller. This confirmation of receipt does not yet constitute acceptance of the purchase offer; no contract is concluded at this stage.
(4) A purchase contract for the goods is only concluded when the seller explicitly declares acceptance of the purchase offer (order confirmation) or dispatches the goods to the customer without prior explicit declaration of acceptance.
(1) The prices stated in the online shop include statutory value-added tax and are given in Euros ("€" or "EUR"). Prices do not include shipping costs.
(2) The customer has the following payment options: credit card or PayPal. The customer may be redirected to the website of the payment provider (PayPal or credit card institution) during the ordering process.
(1) Unless otherwise agreed, the goods will be delivered from the seller's warehouse to the delivery address specified by the customer.
(2) The goods remain the property of the seller until full payment of the purchase price.
(1) The customer can withdraw their contractual declaration within 21 days without giving reasons online at the link https://returns-portal.xentral.com/create-return?id=WLb3fDlZjOwgb2Ge5T4S&projectId=3. The withdrawal period begins on the day on which the customer or a third party designated by them, who is not the carrier, has taken possession of the goods. The customer must return the goods to the seller immediately and in any case no later than 21 days from the day on which they notified the seller of the withdrawal from the contract. The customer bears the return flat rate of €2.00 when returning the goods.
(2) In the event of a valid withdrawal, the seller must refund the cost of the goods (shipping costs will not be refunded) no later than 21 days from the day on which the notification of withdrawal from this contract was received by the seller. The seller may refuse repayment until they have received the goods back.
(3) For repayment, the same payment method generally used by the customer in the original transaction will be used. Only when the payment method used in the original transaction is known to the seller does the repayment period begin.
(4) The customer must compensate for any loss in value of the goods if this loss in value is due to handling that is not necessary for examining the quality, characteristics, and functioning of the goods.
(1) Statutory warranty rights apply to all deliveries.
(2) Should the customer receive obviously damaged, defective or incorrectly delivered goods, they are requested to notify the seller immediately, but no later than 21 days after delivery of the goods.
(3) In the event of material defects, the customer has the choice of subsequent delivery or rectification of the product (subsequent performance). The customer must grant the seller a reasonable period for this. Subsequent performance is particularly deemed to have failed if the seller has attempted rectification twice unsuccessfully.
(4) If subsequent performance fails, the reasonable period for subsequent performance is exceeded, or subsequent performance is refused in accordance with statutory provisions, the customer has a right to withdraw from the purchase contract or reduce the purchase price.
(5) If the seller delivers a new product to the customer by way of subsequent performance, the customer must return the defective product to the seller at the seller's expense within 21 days.
(6) The seller is not liable for defects that arise due to improper handling, normal wear and tear, or external influences. If repairs to the goods are carried out by the customer themselves or by third parties without the seller's written consent, the customer's warranty claim expires.
(7) The seller does not assume any warranties beyond those mentioned in this clause. In particular, the seller does not provide any guarantees.
(1) Liability for damages caused by simple negligence is excluded, unless these result from a breach of essential contractual obligations, relate to a guarantee for the quality of the purchased item, damages from injury to life, body or health, or claims under the Product Liability Act (ProdHaftG). Essential contractual obligations are those whose fulfillment is essential for the proper execution and processing of the contract and on whose observance a buyer can normally rely.
(2) The same regulations apply to breaches of duty by our vicarious agents.
(3) Liability for the breach of essential contractual obligations in cases of simple negligence is limited to damages that are typically associated with the contract and foreseeable.
All displayed texts, photos, logos, images, graphics, and computer applications are the intellectual property of the seller or the respective companies. It is forbidden to commercially reproduce, distribute, otherwise make publicly accessible, or edit the aforementioned elements in whole or in part without the consent of the rights holders, unless the respective rights holder has given prior written consent.
The customer is responsible for maintaining the confidentiality of their account and password information and agrees to accept responsibility for all activities that occur under their account and password. The seller reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.
Should one or more provisions of these terms and conditions be invalid or unenforceable, or become so subsequently, the remaining provisions shall remain unaffected thereby. This only does not apply if the omission of individual clauses would disadvantage a contracting party so unreasonably that adherence to the contract can no longer be expected of them.