Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Governing Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Nora-Eilin Reinicke, trading as "Liegewiese - Das Familienbett" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods presented by the seller in her online shop. The inclusion of the customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These Terms and Conditions apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise specified.
1.3 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
1.4 An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.
2.2 The customer may submit the offer using the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer may also submit the offer to the Seller via email, the online contact form, by mail, or by telephone.
2.3 The seller may accept the customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If more than one of the aforementioned alternatives apply, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares its acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.
2.5 If the customer selects “Amazon Payments” as the payment method, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), in accordance with the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, the customer simultaneously issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the Seller hereby declares its acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the button that completes the ordering process.
2.6 When an order is placed via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login credentials.
2.7 Before submitting a binding order via the Seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.8 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online store.
2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.urther information on the right of withdrawal can be found in the seller\'s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a European Union member state and whose sole place of residence and shipping address are located outside the European Union at the time the contract is concluded.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the available payment options in the seller’s online store.
4.4 If payment in advance via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de
4.6 If a customer selects a payment method offered through the “Apple Pay” payment service, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The specific payment methods offered via Apple Pay are displayed to the customer in the seller’s online store. To process payments, Apple may use additional payment services, which may be subject to specific payment terms and conditions; the customer may be notified of these separately, if applicable. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/
4.7 If a customer selects a payment method offered via the “Google Pay” payment service, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The specific payment methods offered via Google Pay are communicated to the customer in the seller’s online store. To process payments, Google may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.
5) Delivery and Shipping Terms
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the shipping address provided by the Customer, unless otherwise agreed. The shipping address specified in the Seller’s order processing system is decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 For goods delivered by a freight carrier, delivery is “curbside,” meaning to the public curb nearest the delivery address, unless otherwise indicated in the shipping information on the Seller’s online store or otherwise agreed upon.
5.3 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.
5.4 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.
5.6 If the seller offers the goods for pickup, the customer may pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.
5.7 Vouchers are provided to the customer as follows:
- by E-Mail
6) Retention of Title
If the seller pays in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller may choose the method of subsequent performance;
- for new goods, the statute of limitations for claims for defects is one year from delivery of the goods;
- for used goods, claims for defects are excluded;
- the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.
7.2 The limitations of liability and shortening of deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is a merchant within the meaning of § 1 HGB, the merchant’s duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
7.5 If the customer is a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal basis
- in cases of willful misconduct or gross negligence,
- in cases of intentional or negligent injury to life, limb, or health,
- based on a warranty promise, unless otherwise specified in this regard,
- based on mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the Customer may regularly rely.
8.3 In all other respects, the seller’s liability is excluded.
8.4 The foregoing liability provisions also apply with respect to the seller’s liability for its vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products can be excluded from the voucher campaign if a corresponding restriction is specified in the terms of the promotional coupon.
9.4 Promotional coupons may only be redeemed before completing the order process. Subsequent application of the voucher is not possible.
9.5 Only one promotional voucher may be redeemed per order.
9.6 If the promotional voucher specifies a fixed value rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.
9.7 If the value of the promotional coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
9.9 The promotional coupon is non-refundable if the customer returns goods paid for in whole or in part with the promotional coupon under their statutory right of withdrawal.
9.10 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through the Seller’s online store (hereinafter “Gift Vouchers”) may only be redeemed in the Seller’s online store, unless otherwise specified on the voucher.
10.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Gift vouchers may only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
10.6 The balance of a gift certificate will not be paid out in cash nor will it accrue interest..
10.7 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the legitimate entitlement of the respective certificate holder.
11) Governing Law
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.



