General Terms and Conditions of Business (GTC)
We make every effort to ensure that our Terms and Conditions of Business are as easy to understand as possible. However, if you should have any queries concerning the Conditions, please do not hesitate to contact us.
The object of the LILI RADU brand is the trade with bags and all kinds of lifestyle acceccoires. Lili Radu GmbH, Kollwitzstrasse 78, 10435 Berlin. The Guidance required by law on the consumer’s right of revocation in distance-selling can be found in Point 9 of these GTC. Managing director: Liliane Radu. Registered at the local court Charlottenburg (Berlin); HRB 166620 B, VAT-ID: DE 275717031. Please see Point 2 of the GTC for information on the storage of these documents and to find out how to refer to the text of the contract (text of the offer). When you purchase a product from LILI RADU, the following Terms and Conditions of Business come into force between you, the customer and Lili Radu GmbH, the seller. By placing an order, you agree to these conditions. If you have queries concerning our General Terms and Conditions of Business, please contact us before the completion of your order at the following e-mail address: email@example.com. Your statutory rights are not thereby prejudiced.
1.1. Our delivery conditions are valid only for deliveries to Germany. For deliveries to other countries special conditions apply. For information on this, please see Point 6 of the GTC under the heading, Deliveries outside Germany. We reserve the right to refrain from accepting orders.
1.2. Business is conducted and deliveries are carried out strictly in accordance with the current GTC. General Terms and Conditions of business which contradict or deviate from the following conditions shall not apply.
1.3. Insofar as these Terms and Conditions of Business refer to consumers, these are deemed to be natural persons, who have not ordered the goods in pursuance of any commercial, independent or free-lance activity. Traders are natural or legal persons or business partnerships with legal capacity, who order goods for commercial, independent or free-lance purposes. Customers within the meaning of these Terms and Conditions of Business include both consumers and traders.
1.4. Where working days are quoted as deadlines, this means all the days of the week with the exception of Saturdays, Sundays and statutory public holidays.
2. Storage possibilities and reference to the text of the contract.
2.1. You may review these General business Terms and Conditions with the contractual conditions included in them on our shop site, www.liliradu.com. You can print out or save this document by using the customary functions of your Internet services programme (=browser: usually “File” -> “Save as”). You may also download and archive this document in pdf. format by clicking here. To open the pdf. file you need the free Adobe Reader programme (obtainable at www.adobe.de) or a comparable programme, which will allow you to read files in pdf. format.
2.2. In addition, you can simply save the details of your order by either saving the data summarised on the last pages of the order process in the Internet shop with the aid of your browser functions or by waiting for the automatic confirmation of receipt of order, which we will send on the completion of your order to the e-mail address you have provided. This e-mail confirming receipt of order will once again contain the details of your order and these GTC and is easy to print out or to save using your e-mail programme.
2.3. Your order data will be stored by us, but for reasons of security you will not be able to call them up directly. For each customer we offer a password-protected direct access (“My User Account”). Here you can administer and save relevant data concerning your completed, open and recently transmitted orders and your address data, bank details, if you have given them, and an optional newsletter. The customer shall be obliged to treat personal access date in confidence and to refrain from making them accessible by third parties.
3. Contractual partner, language and conclusion of contract
3.1. Your contractual partner is Lili Radu GmbH, Kollwitzstrasse 78, 10435 Berlin, Germany.
3.2. Contracts in our Internet shop may currently be concluded solely in the German language.
3.3. Unless it has been agreed or announced to the contrary, our promotional offers shall be subject to confirmation.
3.4. By clicking the “Send order” button, you are sending us a binding offer to purchase the goods contained in the shopping cart. The confirmation of receipt of the order shall follow immediately after the order has been sent. This offer to purchase shall be accepted by a confirmation e-mail (“Confirmation of order”).
3.5. Under reserve of his already existing right of revocation in consumer orders the customer is bound to his order for at least 14 days.
3.6. For purchases from the online shop at https://www.liliradu.com/ the following provisions also apply: Please note that goods ordered in advance (reservation) shall not be delivered until the total payment amount has been credited to our account. If, despite being in default of payment even after receipt of a payment reminder (which is usually sent 14 days after the despatch of the order confirmation), you have not made payment within three weeks of the despatch of the order confirmation, we shall be entitled to withdraw from the contract with the consequence that your order becomes invalid and we shall not be obliged to supply the goods. In this case the order is deemed to have been fulfilled on both sides without further consequences. Therefore it is possible to reserve goods only for a maximum of three weeks.
4. User account
4.1. It shall be your responsibility to supply the details required for the registration of your personal data truthfully and completely. You shall be obliged to treat the personal data in confidence and to refrain from making them available to any unauthorised third party. Registration is confirmed immediately after you have sent off the registration by clicking the “Register free of charge” or “Register” button.
4.2. You are solely responsible for contents, which you enter in domains which are accessible for this purpose (e.g. in blogs). These must not infringe the rights of third parties. There exists no entitlement to storage or publication of content, such as, for example product evaluations, which you have entered.
4.3. You must abstain from any disruption of the web pages and from any use of the accessible data which goes beyond the intended use on the internal platform. Manipulations with the aim of procuring unauthorised payments or other advantages to our disadvantage can lead to legal consequences and in particular to being barred from access to the site.
4.4. At any one time each customer is entitled to hold only one customer account. We reserve the right to delete multiple registrations and to caution or to give notice of termination of contract to members, who breach the conditions detailed in Points 4.1 to 4.3 or to delete or modify contents (Virtual House Regulations)
4.5. We are not obliged to accept the registration of the order of a registered customer. We are not obliged to make our offer permanently available. Orders which have already been confirmed shall remain unaffected by this provision.
5. Prices and shipping costs
5.1. For purchases on www.liiradu.com the following shall apply: For orders in our Internet shop the prices listed in the offer at the time of ordering shall apply. The prices quoted are final prices, that is, they include the statutory German Value Added Tax currently in force and other pricing components.
5.2. In addition to the quoted prices we charge 6.90 EUROS per order for delivery within Germany. Shipping fees include postage, packing & insurance. All returns and a one-off exchange of goods ordered shall be postage paid.
6. Shipping costs outside Germany
The shipping is a flat rate of 6.90 EUROS within Germany and for deliveries to Austria. Irrespective of the order value we charge a flat rate of 9.90 EUROS for deliveries to all EU-Countries including Switzerland and Norway. Irrespective of the order value we charge a flat rate of 14.90 USD/€ for deliveries in all Non-EU Countries.
For deliveries in non-EU countries abroad customs duties, taxes and fees shall be payable. Further information on customs duties can be found, for example, on http://ec.europa.eu/taxation_customs/cu stoms/customs_duties/tariff_aspects/cu stoms_tariff/index_de.htm. Further information on import taxes can be found on http://auskunft.eztonline.de/ezto/Welcome.do and information specific to Switzerland on http://xtares.admin.ch/tares/login/loginFormFiller.do
7. Payment, delivery
7.1. For purchases on www.liliradu.com we offer the following methods of payment: payment in advance, PayPal, and creditcards. We reserve the right in every order not to offer specific methods of payment and to refer to other methods of payment. You shall agree to receive invoices and credits exclusively in electronic form.
7.2. Where goods are paid for by credit card, your credit card will be debited when the order is despatched. In payment in advance the payment shall become due on receipt by the customer of the order confirmation.
7.3. When buying on account, the due date for payment shall be the date of receipt of the delivery by the customer. If the payment does not reach us within 14 days of the due date for payment, the customer shall be deemed to be in arrears of payment.
7.4. We use DHL for postal despatch within Germany.
7.5. We deliver goods, which are designated in the online shop on www.liliradu.com as “available for delivery”, immediately after receipt of the order and where applicable, receipt of the advance payment within 3-5 working days. We direct your attention to the relevant product pages for possible variations in delivery times. If an article, of which further stock is manufactured, which is designated as “sold out”, a delivery schedule of 2 to 4 weeks is to be expected.
7.6. We shall not accept procurement risks, nor shall we enter into a sales contract concerning unascertained goods. We are obliged to deliver solely from our stock of goods on hand and to deliver goods ordered by us from our suppliers.
7.7 Our obligation to deliver shall cease to apply, where we ourselves, despite having concluded a congruent hedging transaction in due form, have received incorrect and untimely delivery and we are not responsible for the lack of availability, and where we have notified the customer without delay and have not accepted a procurement risk. In the event of non-availability of the goods we shall reimburse any pre-payment without delay.
7.8. In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, for which we are not responsible, for example due to fire, water and machine damage and all other hindrances, which, if considered objectively, have not been caused by us. The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.
7.9. In the case of sale by delivery to a place other than the place of performance the risk of accidental destruction and accidental deterioration of the goods purchased shall pass to the consumer on the surrender of the goods to the consumer or to a recipient specified by him. This shall apply, irrespective of whether the goods were insured on despatch or not. Otherwise the risk of accidental destruction and accidental deterioration of the goods shall pass on surrender to the consumer and, in the case of sale by delivery to a place other than the place of performance, on the delivery of the goods to the shipper or the person or organisation otherwise designated to perform the despatch.
8. Supply of custom made products / Variations in shades of leather
Our custom made products are usually delivered within approximately 2-3 months. However, the delivery period cannot be guaranteed. Increased demand, problems in procuring materials or other unforeseeable events can delay delivery in certain cases. We do everything in our power to honour deadlines.
Since leather is a natural product and tanning is an individual process, which varies from skin to skin, we draw your attention to the fact that the custom made product is not always of the same colour as that which is delivered to the customer. Slight variations in colour can arise in this process. We undertake to do all in our power in this case to avoid variations.
9. Guidance on Revocation
9.1. As a consumer, you have a statutory right of withdrawal upon conclusion of a contract, which we will subsequently inform you in accordance with the statutory model. Section 9.2 contains a model revocation form.
Right of Revocation
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must Lili Radu GmbH, Kollwitzstrasse 78, 10435 Berlin, Germany, E-mail: firstname.lastname@example.org by means of a clear statement (eg a letter sent by mail or e-mail) about your decision, to revoke this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
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 the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract to
Lili Radu GmbH
DE 10435 Berlin
Tel .: +49 (0) 30 55063396
to be returned or handed over. The deadline is met if you send the goods before the deadline of fourteen days.
We bear the cost of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
9.2. Template of withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To: Lili Radu GmbH, Kollwitzstrasse 78, 10435 Berlin, Germany, E-Mail: email@example.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
10. Retention of title
The goods shall remain our property until full payment has been made.
11. Voucher conditions
11.1. Vouchers are valid for the period stated and can be redeemed only once in the course of an order transaction.
11.2. The credit on a voucher cannot be transferred to a third party.
11.3. The value of the goods must be at least equivalent to the voucher amount. For administrative reasons it is not possible to reimburse any credit balance remaining on the voucher.
11.4. The credit on a voucher shall not yield interest; neither shall it be exchanged for cash.
11.5. You may not use more than one voucher in any given transaction.
11.6. If the credit on a voucher is not sufficient to pay for the order, the difference can be settled by the payment methods offered above.
11.7. The voucher shall not be reimbursed, if goods have been returned in whole or in part. Insofar as the voucher has been issued as part of a promotion no consideration will be provided for it.
11.8. Gift vouchers and credit can be redeemed only before the completion of the order process. Gift vouchers and credit cannot be redeemed subsequent to a transaction.
12. Warranty and complaints management
12.1. The statutory warranty regulations are valid for “standard” products.
12.2. Your satisfaction as a customer is our highest priority. You can contact us at any time by e-mail to firstname.lastname@example.org or by post to the address given below. We shall make every effort to examine your request as rapidly as possible and for this purpose shall contact you on receipt of the documents or your request or complaint. However, please be patient, since in warranty issues it is often necessary to consult the manufacturers. It will help us greatly, if you have a complaint, if you can describe the nature of the problem as accurately as possible and, where appropriate, send us copies of the order documents or at least the order number, customer number etc. If you have received no reply from us within 5 working days, please contact us again. Occasionally e-mails remain in spam filters in our system or in yours or a message sent by another means has not reached you or has inadvertently been overlooked.
Lili Radu GmbH
13. Customer account credit
You are not entitled to cash redemption for any credit on your customer account and credit on your account it must not be transferred to third parties.
14. Applicable law, Court of jurisdiction
14.1. The applicable law for all legal transactions or other legal relationships with us is the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental conventions, even if they have been subsumed into German law, shall not apply. In the case of contracts, in which no professional or commercial activity can be attributed to the beneficiary (contract with a consumer), this choice of law shall apply only insofar as protection granted by mandatory provisions of the law of the State, in which the consumer normally resides, has not been revoked.
14.2. In commercial transactions with traders and with legal entities under public law our registered office shall be agreed as the Court of jurisdiction for all disputes concerning these Terms and Conditions of Business and individual contracts concluded within their scope, including legal actions brought concerning bills of exchange and cheques. In this case we shall also be entitled to bring an action at the business domicile of the customer.
15. Amendments to the General Terms and Conditions of Business
We shall be entitled to amend these General Terms and Conditions of Business unilaterally insofar as they have been introduced into the contractual relationship with the customer, insofar as this is required to remove subsequently emergent disruptions of the equivalence mandate or to adapt to a changing legal or technical environment We shall notify customers of any amendments by sending them the full contents of the amended provisions. The amendment shall become a component of the contract, unless, within 6 weeks of the receipt of the notification of amendment, the customer communicates to us in written or textual form his objection to the inclusion of the amendment into the contractual relationship.
16. Severability clause
In the event that for reasons other than the provisions governing GTS in §§ 305 -310 German Civil Code a present or future provision of the contract is or becomes void/nugatory in whole or in part, this shall not affect the validity of the remaining provisions of this contract, unless, having regard to the subsequent provision, the performance of the contract would constitute unreasonable hardship for either party. The same shall apply, where an omission, which needs to be supplemented, becomes apparent after the contract has been concluded. The parties shall replace the void/nugatory/unfeasible provision or omission to be supplemented with a valid provision, which in its legal and commercial content comes closest in law to the void/nugatory/unfeasible provision and the overall purpose of the contract.
Dated: May 2019
Lili Radu GmbH
The foregoing General Terms and Conditions of Business constitute intellectual property protected under copyright law. Any use by third parties – including the use of extracts – for the commercial purposes of the offer of goods and/or services – is not permitted. Infringements will be prosecuted.