GENERAL TERMS AND CONDITIONS
Please read the following Terms and Conditions carefully. By purchasing goods from Linuschka, you enter into a binding contract with us. If you require further clarification or have difficulty understanding any part of these Terms and Conditions, please contact us by email.
By purchasing and using our wraps and slings, you take full responsibility for their safe use and agree to follow all safety instructions provided. You must ensure that any child carried in our products is always positioned and secured safely and in accordance with the instructions.
1. Contractual Partner
On the basis of these General Terms and Conditions (“GTC”), a contract is concluded between you as the customer and:
Linuschka
represented by Klemens Mentel
Theodor Fontane Straße 24
95032 Hof
Germany
Tel: +49 (0) 9281 5935187
E-mail: info@linuschka.de
Hereinafter referred to as “Linuschka”, “the Seller”, “we” or “us”.
2. Subject Matter of the Contract
These Terms and Conditions govern the sale of new textile goods via our online store. The specific characteristics of the goods, including size, colour, composition and any special features, are set out in the respective product description on the product page.
This also includes custom products that are created in the context of a custom project and are expressly marked as such in the product description. Unless otherwise specified, all purchases are governed by these Terms and Conditions.
While we make every effort to display the colours and textures of our products as accurately as possible, there may be slight differences between the colours shown on your screen and the actual product due to individual monitor settings, device characteristics and lighting conditions. Such minor variations do not constitute a defect.
Images, mock-ups or visualisations of products, especially in the context of custom projects, are for illustration purposes only. Due to the nature of woven textiles, dye lots and yarn structure, small variations in colour, texture, GSM, pattern placement or visible weaving characteristics, such as nubs, slubs or speckles, may occur and do not in themselves constitute a defect.
3. Conclusion of Contract
The contract is concluded in electronic business transactions via our online store or via other means of distance communication such as email. The offers presented in the store are non-binding and constitute an invitation for you to submit a purchase offer by placing an order.
The ordering process in the online store includes the following steps:
• Selection of the goods in the desired specification
• Placing the goods in the shopping cart
• Proceeding to checkout
• Entering the billing and delivery address
• Selecting the payment method
• Reviewing the order details and correcting any input errors
• Submitting the order by clicking the button indicating a binding order
• Receipt of an order confirmation email
The automatic order confirmation confirms receipt of your order and does not in itself constitute acceptance, unless acceptance is expressly stated in that email.
Orders may also be placed via email. In such cases, the ordering process includes the following steps:
• You send an order request by email to info@linuschka.de
• You receive a PayPal invoice, where applicable
• After payment has been received, the goods are shipped in accordance with the applicable delivery timeframe
• The contract is concluded when we send you an express order confirmation or when the goods are dispatched
Orders are accepted subject to availability of the goods, correct pricing, the ability to deliver to the shipping address provided and successful authorisation of the payment transaction.
We reserve the right to reject or cancel an order if the goods are unavailable, if there has been an obvious pricing or description error, or if there is reason to suspect fraudulent or improper conduct. In the event of cancellation after payment, any payment already received will be refunded without undue delay.
Separate orders cannot automatically be combined, and one order cannot be split for shipment to several delivery addresses.
4. Custom Projects and Custom Products
Custom products are items that are created in the context of a custom project, based on designs, colour choices or other preferences agreed between Linuschka and individual customers or customer groups. Custom products are typically produced in limited runs and may involve a longer production and delivery period than in-stock goods.
By placing an order for a custom product or by participating in a custom project, you acknowledge and agree that delivery may take substantially longer than for in-stock goods, depending on the nature of the project and the production process.
Custom projects may be organised by groups of customers. In such cases, the person who coordinates the project and places the order with us (the “group coordinator”) confirms that they are authorised to act on behalf of all participating group members.
The group coordinator also confirms that all participants have been informed about and agree to the applicable conditions for custom products, including the longer production and delivery time and the exclusion from withdrawal, cancellation, return and exchange, except where we are legally obliged to accept a return, for example in the case of defects.
By joining a group custom project, you are responsible for making sure you have read and understood the conditions for custom products before committing to your share in the project.
All participating group members are bound by these conditions in the same way as if they had placed the order directly.
5. Contract Duration
The contract is concluded for an indefinite period and ends once all mutual obligations arising from the purchase have been fulfilled, unless otherwise agreed.
6. Prices, Shipping Costs and Return Costs
All prices stated are final prices and include the statutory sales tax applicable at the time of purchase, unless otherwise clearly indicated.
In addition to the final prices, shipping costs may apply depending on the selected shipping method and destination. Such shipping costs are displayed before the order is submitted.
If a statutory right of withdrawal exists and is exercised, you shall bear the direct costs of returning the goods, unless otherwise stated below.
For deliveries outside the European Union, customs duties, import taxes or other fees may apply. Such charges are your sole responsibility. Shipments are declared with the full retail value of the goods, and any customs-related charges depend on the rules of the destination country.
7. Terms of Payment
The only payment method currently offered is PayPal, unless otherwise agreed in individual cases. Other payment methods are not available and will be rejected.
Payment is processed via the respective payment service provider. For details, please refer to the terms and conditions of that provider.
You are obliged to pay the invoiced amount within 3 days after receipt of the invoice, unless otherwise agreed. Payment is due from the invoice date without deduction. You will only be in default after receipt of a reminder.
8. Terms of Delivery
For in-stock goods, dispatch usually takes place within 4 to 5 business days after confirmed receipt of payment, unless otherwise stated in the product description.
Delivery times are estimates and may vary depending on destination country, carrier performance or circumstances beyond our control.
Orders are dispatched from our own warehouse once all items in the order are in stock, unless a partial shipment has been expressly agreed.
If we are permanently unable to deliver for reasons beyond our control, in particular force majeure or non-delivery by our own suppliers despite a timely covering transaction, we are entitled to withdraw from the contract. In such a case, you will be informed without undue delay and any payments already received will be refunded.
9. Right of Withdrawal and Customer Service
9.1 Exclusion of the Right of Withdrawal for Custom-Made and Personalised Goods
The statutory right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or specification by you is decisive, or which are clearly tailored to your personal needs.
This applies in particular to custom products that are expressly marked as such in the product description. These items are not eligible for withdrawal, cancellation, return or exchange once the order has been accepted, except where we are legally obliged to accept a return, for example in the case of defects.
9.2 Right of Withdrawal for Eligible Non-Custom Goods
For goods that are not excluded from withdrawal under the above provision, you have the right to withdraw from the contract within fourteen days without giving any reason.
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 goods.
If you have ordered several goods as part of a single order and these are delivered separately, the withdrawal period begins on 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 case of a contract for the delivery of goods in several partial consignments or pieces, the withdrawal period begins on the day on which you, or a third party named by you who is not the carrier, have taken possession of the last partial consignment or the last piece.
To exercise your right of withdrawal, you must inform us by means of a clear statement, for example by email, of your decision to withdraw from this contract. You may use a model withdrawal form, but this is not mandatory.
Contact for withdrawal:
Linuschka
Klemens Mentel
Theodor Fontane Straße 24
95032 Hof
Germany
Email: info@linuschka.de
Tel: +49 (0) 9281 5935187
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.3 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of standard delivery, with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal.
For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. In no event will you be charged any fees for such reimbursement.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier.
You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of your decision to withdraw from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if that diminished value results from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
9.4 Conditions for Returns, Faults and Complaints
Please inspect your purchased item promptly upon receipt and contact us within 14 days if you notice any defects or errors in your order.
Please inspect your purchased item before washing or wearing it. If a wrap has been washed, dried, ironed or worn, it is no longer considered eligible for return where the condition of the goods can no longer be reliably verified.
Eligible items must be returned together with their original packaging and any accompanying papers, where applicable.
When returning items, we strongly recommend using an insured shipping method, as we cannot issue refunds for items that are lost or damaged in transit. If you believe that your item has a production flaw, please contact us by email before returning it and, if possible, provide photos. In the event of a confirmed production flaw attributable to us, any refund or other remedy due will be processed within a reasonable period after the item has reached us and has been inspected, usually within fourteen days. Remedies may include repair, replacement, a price reduction or a refund, in line with applicable consumer protection rules. Refunds will be issued using the same method of payment that you used at the time of purchase. Matters of personal preference, such as ring colour, do not represent a flaw. Minor textile characteristics such as nubs, slubs, tiny knots or slight variations in weave and colour are typical for woven fabrics and do not in themselves constitute defects.
10. Language, Place of Jurisdiction and Applicable Law.
The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection provisions of the country in which you have your habitual residence provide otherwise. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of or in connection with this contract shall be the registered place of business of Linuschka, to the extent permitted by law.