Terms and conditions

General terms and conditions of business and delivery of LUNAPOLIS

§ 1. General, Scope

1. LUNAPOLIS, Kösseinestr. 38, 95032 Hof (hereinafter also "LUNAPOLIS", "Seller" or "We") operates an online shop (hereinafter "photo-curtains.com") on the internet portal www.photo-curtains.com. On photo-curtains.com, goods are offered for sale to consumers as defined in § 13 of the German Civil Code (BGB) as well as to businesses as defined in § 14 of the German Civil Code (hereinafter "Customers", individually also "Customer", "You").

2. These General Terms and Conditions apply to all contracts concluded with customers via lunapolis-fotogardinen.de, as well as generally to all business relationships between LUNAPOLIS and its customers. LUNAPOLIS does not accept any other general terms and conditions unless expressly agreed otherwise.

3. If deadlines are specified as working days, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays.

§ 2. Information on the identity of the seller

LUNAPOLIS
Kösseinestr. 38
95032 Hof
Germany

Company owner: Zhanna Singer

Tel.: +49 (0) 151 - 55536467
E-Mail: info@photo-curtains.com

§ 3. Prices, shipping costs, cost-bearing agreement when exercising the right of withdrawal, offsetting and retention rights

The prices listed by LUNAPOLIS in its offers are final prices, i.e., they include all price components, including applicable taxes. Details can be found in the product description. The prices valid at the time of the order apply.

The shipping costs are not included in the purchase price. The amount depends on the specific offer and the shipping information provided therein and will be invoiced separately. The customer is responsible for paying the shipping costs. Upon purchase, the shipping costs are stated in addition to the price.

If you exercise your right of return, you shall bear the direct costs of returning the goods.

The customer is only entitled to rights of set-off and retention if his counterclaims have been legally established, are undisputed or have been acknowledged by us.

§ 4. Methods of payment, terms of payment

The customer has access to the payment options specified in the respective specific offer: prepayment, PayPal, credit card payment and iDEAL.

Prepayment (bank transfer)

When purchasing with advance payment, the customer must pay the purchase price plus any delivery and shipping costs no later than 10 days after receiving the payment request. The time of receipt of the funds for unconditional disposal by the seller is decisive for the timeliness of payment. After the due date, the purchase contract will be canceled.

Payment via Paypal

PayPal is a free payment method that guarantees secure payments. To make a payment, log in to PayPal and confirm the payment. Your bank details or credit card number are stored in your PayPal account, so the data is not transferred during the payment process.

Payment by credit card

We accept the following credit cards: Mastercard, VISA, and American Express. You pay directly during the ordering process by entering your credit card details. Your credit card will be charged immediately with the actual invoice amount, after deducting any discounts and gift certificates.

Payment via iDEAL

To use iDEAL payment, you only need an account with one of the participating banks. These include ABN AMRO, ASN Bank, Friesland Bank, ING, Knab, Rabobank, RegioBank, SNS Bank, Triodos Bank, and Van Lanschot Bankiers.

§ 5. Conclusion of contract, correction of input errors

The contract between LUNAPOLIS and the customer is concluded subject to these General Terms and Conditions. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By entering personal data and clicking the "Order with Payment" button in the final step of the ordering process, the customer initially places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order via an automated email from our shop software does not constitute acceptance of the purchase offer. A purchase contract is only concluded upon our order confirmation or upon your unconditional acceptance of the goods.

You order in our shop by following these steps:

1. You place items in your shopping cart without obligation by clicking on “Add to cart”.

2. You can view all the items you have placed in your shopping cart by clicking on "Shopping Cart." Here you can also delete items or change the quantity.

3. If you want to purchase the items in your shopping cart, click on "Checkout." This will take you to the order process.

4. During the order process, you first enter your billing, shipping, and payment information.

5. Before finally submitting your binding order, you can check for input errors by reviewing the order summary and correcting them by clicking the "Change" button.

5. The order is completed after you have previously confirmed the "General Terms and Conditions" and the "Cancellation Policy" by clicking the "Place Order with Payment" button.

6. On the following page, you will receive a summary of your completed order.

§ 6. Information on the essential characteristics of the goods

The essential characteristics of the goods are set out in the respective product description provided by the seller.

§ 7. Performance period

If delivery deadlines have been specified by the seller and used as the basis for placing the order, such deadlines shall be extended in the event of a strike or force majeure for the duration of the delay. The same applies if the customer fails to fulfill any obligations to cooperate.

§ 8. Cancellation policy / right of withdrawal

Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:

Cancellation policy

You may repeal your contract of purchase within 14 days without having to state reasons. The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

To administer your right to cancel your order, you have to inform us by sending us an explicit declaration stating that you are repealing your contract of purchase (for example, a letter sent by post or email or our return form). You may use the cancellation template that is attached; however, it is not mandatory to use this template.

The cancellation must be addressed to:

LUNAPOLIS
Kösseinestr. 38
95032 Hof
Germany
E-Mail: info@photo-curtains.com

Consequences of cancellation

If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs immediately and within 14 days at most, effective the day that we receive your repeal.

The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the deadline of fourteen days.

You bear the direct costs of returning the goods.

You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

The cancellation policy does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer. (§ 312g Abs. 2 Satz 1 BGB).

§ 9. Retention of title

1. We retain title to the purchased item until the purchase price has been paid in full.

2. The customer is obligated to treat the purchased item with care until ownership has been transferred to them.

3. The customer must immediately notify us of any enforcement measures taken by third parties against the reserved goods and provide us with the documents necessary for intervention. This also applies to any other type of impairment. Irrespective of this, the customer must inform third parties in advance of their existing rights to the goods.

§ 10. Liability for defects

1. We are liable for defects in accordance with statutory provisions, unless limited below.

2. The limitation period for claims for defects in the delivery of new goods is two years, calculated from the transfer of risk. For used goods, the warranty period is one year, calculated from the transfer of risk. This does not apply to claims for damages due to defects. Clause 9 applies to claims for damages due to defects.

3. The customer does not receive any guarantees in the legal sense from us.

4. Warranty claims are initially limited to subsequent performance. If subsequent performance fails, the buyer is entitled to withdraw from the purchase contract or to a reduction in the purchase price.

§ 11. Liability for damages

1. Our liability for breaches of contractual obligations and tortious acts is limited to intent and gross negligence. This does not apply to injury to the life, body, or health of the customer, claims for breach of cardinal obligations, or compensation for damages caused by delay (§ 286 BGB). In this respect, we are liable for any degree of negligence.

2. To the extent that liability for damages is excluded or limited towards us, this also applies to the personal liability for damages of our employees, workers, staff, representatives, and vicarious agents.

§ 12. Liability for content

The contents of our pages were created with the utmost care. However, we cannot guarantee the accuracy, completeness, or timeliness of the content. As a service provider, we are liable for our own contents on these pages in accordance with § 7 (1) of the German Telemedia Act (TMG). However, according to §§ 8 to 10 of the German Telemedia Act (TMG), as a service provider we are not obligated to monitor submitted or stored third-party information or to investigate circumstances that indicate illegal activity. Legal obligations to remove information or to block the use of information remain unaffected. In this case, liability is only possible at the time of knowledge about a specific violation of law. Upon knowledge of such violations, we will remove this content immediately.

§ 13. Liability for links

Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a legal violation. Upon notification of any legal violations, we will remove such links immediately.

§ 14. Copyright

The content and works on these pages created by the site operators are subject to German copyright law. Reproduction, processing, distribution, and any type of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are permitted for private, non-commercial use only. To the extent that the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, we ask you to notify us accordingly. Upon notification of any violations, we will remove such content immediately.

§ 15. Data security

1. During your registration on lunapolis-fotogardinen.de, you will be asked to provide personal data. This data is required by LUNAPOLIS to process the contracts concluded on lunapolis-fotogardinen.de. All personal data will be treated confidentially by LUNAPOLIS and in accordance with the relevant legal regulations, in particular those of the Federal Data Protection Act (BDSG). To protect your data in online payment transactions, LUNAPOLIS protects it using state-of-the-art encryption technologies such as Secure Socket Layer (SSL). SSL is a recognized standard protocol that ensures secure data exchange. All data you use to place an order is transmitted to LUNAPOLIS in encrypted form.

2. You can access LUNAPOLIS's privacy policy at https://photo-curtains.com/privacy-policy.

§ 16. Storage of contract text and contract language

1. We save the contract text and send you the order details via email. You can also view the General Terms and Conditions at any time at https://photo-curtains.com/conditions. You can view your past orders in the "My Account" section if you have registered as a customer and logged in to the website with your access data.

2. The contract language is German.

§ 17. Applicable law, place of jurisdiction

1. This contract is governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

2. If the customer is a merchant within the meaning of § 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. The same applies if a customer does not have a general place of jurisdiction in Germany or an EU member state, or if the customer's place of residence or habitual abode is unknown at the time the action is filed.

§ 18. Invalidity of provisions

Should individual provisions of these General Terms and Conditions of Business and Delivery be or become invalid, the content of the contract shall be governed by the statutory provisions. The validity of the remaining provisions shall not be affected.