General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:
withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Continuing transaction: a distance contract relating to a set of products and/or services whose obligation to supply and/or purchase is spread over a certain period of time;

Durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way as to enable future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

trader: the natural or legal person who offers goods and/or services to consumers at a distance;

Distance contract: an agreement in which only one or more distance communication techniques are used within the framework of a system for the distance sale of goods and/or services organised by the trader until the conclusion of the agreement;

Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of Sale of the Entrepreneur.


Article 2 - Identity of the entrepreneur

Company Name: PJ Trade

Address: Oosterveldsingel 5G, 7558PJ HengeloBusiness number: 86933434VAT number: NL864151032B01

E-mail: info@lufando.de

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it is pointed out before the conclusion of the distance contract that the general terms and conditions are available for inspection at the business premises of the entrepreneur and will be sent to the consumer free of charge on request as soon as possible.

Notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, if the distance contract is concluded by electronic means, the text of these General Terms and Conditions shall be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

If at any time one or more provisions of these General Terms and Conditions are invalid or destroyed, in whole or in part, then the Agreement and these Terms shall remain in force for the remainder and the provision in question shall be replaced by mutual agreement without undue delay by a provision that the scope of the original shall be replaced as closely as possible.

Situations not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguity about the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted "in the sense" of these Terms and Conditions.

Article 4 - The Offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is subject to change. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a reasonable evaluation of the offer by the consumer. If the entrepreneur uses images, they are a faithful reflection of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the products offered. The Operator cannot guarantee that the colors displayed will accurately match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This applies in particular

:The price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services in relation to imports. This regulation applies when the goods are imported into the country of destination of the EU, which is the case in the present case. The postal and/or courier service collects VAT (together with customs clearance fees, if applicable) from the recipient of the goods;

any shipping costs;

the manner in which the contract is concluded and what actions are necessary to determine

whether or not there is a right of withdrawal;

the method of payment, delivery and performance of the contract;

the deadline for acceptance of the offer or the deadline within which the entrepreneur guarantees the price;

the amount of the distance communication tariff, if the cost of using the distance communication technology is calculated on a basis other than the regular basic tariff for the means of communication used;

whether the agreement will be archived after it has been concluded and, if so, how it can be viewed by the consumer;

the way in which the consumer may, before concluding the contract, verify and, if desired, restore the information provided by him under the contract;

all languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct by electronic means; and

the minimum duration of the distance contract in the case of a term transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The contract

 The contract is concluded at the moment when the consumer accepts the offer and fulfils the conditions set out therein, subject to the provisions of paragraph 4.

If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.

If the contract is concluded by electronic means, the entrepreneur shall take appropriate technical and organisational measures to protect electronic data transmission and to ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can find out - within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this examination, the entrepreneur has good reasons not to conclude the contract, he is entitled to reject an order or an application or to link the implementation to special conditions, stating reasons.

The Entrepreneur shall provide the Consumer with the following information with the Goods or Services in writing or in such a way that it can be stored accessible by the Consumer on a durable medium:

1. the address of the Trader's office to which the Consumer may address with complaints;2. the conditions and manner,  how the consumer can exercise his right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;3. the information on guarantees and the existing after-sales service;4. the information contained in Article 4(3) of these conditions, unless the entrepreneur has already provided the consumer with this information before the conclusion of the contract;5. the conditions for the termination of the contract,  if the contract has a term of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision of the preceding paragraph shall apply only to the first delivery.

Each agreement is concluded subject to the condition precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option of terminating the contract without giving any reason for a period of 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he returns the product to the entrepreneur with all the accessories supplied and, if possible, in its original condition and packaging, in accordance with the reasonable and clear instructions given by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must communicate this in the form of a written notification/e-mail. Once the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that he has returned the delivered goods in a timely manner, e.g. by means of proof of postage.

If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods specified in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products will be borne by him.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite for this is that the product has already been received by the entrepreneur or that conclusive proof of the complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly pointed this out in the offer, at least in good time before the conclusion of the contract.

An exclusion of the right of withdrawal is only possible for products:1. which have been manufactured by the entrepreneur according to the consumer's specifications;2. which are clearly of a personal nature3. which cannot be returned due to their nature;4. which spoil quickly or age;5. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;6. for individual newspapers and magazines7. for audio and video recordings and Computer software whose seal has been broken by the consumer.8. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible in the case of services:1. which concern accommodation, transport, catering or leisure activities to be provided on a specific day or during a certain period;2. the supply of which has begun with the express consent of the consumer before the expiry of the withdrawal period;3. which concern betting and lotteries.

Article 9 - The price

During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices mentioned are guide prices are mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permissible if they result from legal rules or regulations.

Price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has determined them and:1. they are based on legal rules or regulations; or2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

The place of supply referred to in Article 5(1) of the 1968 VAT Act is in the country where the transport begins. In the present case, this supply takes place outside the EU. Accordingly, the postal or courier service will collect import VAT or clearance fees from the customer. Therefore, no VAT is charged by the entrepreneur.

The prices for products shown on our website include delivery charges, but do not include fees, taxes, duties or similar government-imposed charges ("duty unpaid and untaxed").

All rights, fees, duties, taxes or other governmental levies and declarations for importing the Products to the delivery address are your responsibility, are borne by you and are not included in the prices of the Products. All deliveries may incur additional costs in individual cases, for which the seller is not responsible and which must be borne by the customer. In addition to shipping costs, these can also include customs duties or import sales taxes, if the goods are shipped from a non-EU country (China), or customs duties are to be incurred for a product, this must be clarified with our customer service before ordering. Customs duties or import sales taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed". The buyer is the "Importer of Record" and is responsible for the proper payment of duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods differ from country to country, you should check your country's customs duties and import taxes before placing your order. The buyer is obliged to check that all laws and regulations of the importing country have been complied with upon receipt of the goods.

All prices are subject to typographical errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the wrong price.

Article 10 - Compliance and Guarantee

The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications specified in the offer, the reasonable requirements for reliability and/or usability and the legal and/or regulatory provisions in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty granted by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

Any defects or incorrectly delivered products should be notified to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The contractor's warranty period is the same as the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;

the delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been handled on the packaging;

The insufficiency is wholly or partly the consequence of regulations that the State has issued or will adopt in relation to the type or quality of the materials used.

Article 11 - Delivery and execution

The Company shall proceed with the greatest possible care in the receipt and execution of orders for Products. The place of delivery is the address that the consumer has provided to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, but no later than within 30 days, unless the Consumer has agreed on a longer delivery period. If the delivery is delayed or an order cannot be fulfilled or can only be partially executed, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to dissolve the contract without costs and without entitlement to compensation.

In the event of termination in accordance with the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than within 14 days of the dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to supply a replacement item. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of the return are at the expense of the entrepreneur.

The risk of damage and/or loss of products lies with the Entrepreneur until the moment of delivery to the Consumer or a previously designated representative notified to the Entrepreneur, unless expressly agreed otherwise.

Article 12 - Term transactions: duration, termination and renewal

Termination

The consumer may terminate a contract of indefinite duration, which extends to the regular supply of goods (including electricity) or services, at any time, in compliance with the agreed termination rules and with up to one month's notice.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, in compliance with the applicable termination rules and a notice period of no more than one month.

The Consumer may terminate the contracts referred to in the preceding paragraphs at any time:

terminate at any time and shall not be limited to any particular time or period;

terminate at least in the same way as he took it outalways with the same notice period that the entrepreneur has set for himself.

Renewal

A fixed-term contract entered into for the regular supply of goods (including electricity) or services cannot be tacitly renewed or renewed for a specified duration.

Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of daily newspapers and weeklies may be tacitly renewed for a fixed term of no more than three months if the consumer may terminate that extended contract at the end of the renewal with a maximum notice period of one month.

A fixed-term contract for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month; the notice period may not exceed three months if the contract relates to the regular delivery of daily newspapers but less than once a month.  news and weekly magazines.

A fixed-term contract for the regular delivery of trial periods, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

 If a contract has a term of more than one year, the consumer may terminate the contract at any time after the expiry of one year with a notice period of up to one month, unless reasonableness and equity preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the Consumer shall be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to inform the entrepreneur immediately of any inaccuracies in the payment data provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaint procedure

Complaints about the performance of the contract should be submitted to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur responds within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.If

the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.

If a complaint is considered justified by the Entrepreneur, the Entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

 Dutch law is exclusively applicable to contracts between the entrepreneur and the consumer to which these general conditions apply. Even if the consumer is domiciled abroad.

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