Luisposter - Conditions of Use

The following Terms & Conditions apply to every service and delivery, service in return and payment, as well as any other mutual claim that arises out of business with LUISPOSTER, proprietor Peter Lihs.

All terms and conditions of any kind the customer might have do not apply. Individual agreements between the customer and LUISPOSTER, proprietor Peter Lihs, need to be in written form. The company LUISPOSTER, proprietor Peter Lihs, can change or add to these Terms & Conditions and any amendments that may be made at any time after an adequate period of notice. Orders that arrive before will be processed according to the Terms & Conditions that applied at the time the order arrived. There will not be a contract between the customer and LUISPOSTER, proprietor Peter Lihs, before the reception of a written confirmation of the order or the delivery of the goods. LUISPOSTER, proprietor Peter Lihs, is entitled to technical improvements or minor differences and changes in dimension, color, material, etc. that are the result of technical changes in the production process, as well as any other reasonable variations from the product images and descriptions.

Right of Withdrawal
The customer has the right of withdrawal. He can revoke the order without giving any reasons within two weeks via letter, fax or e-mail. The customer can also send the goods back instead. The deadline will begin as soon as the customer has been informed of the details of the contract in written form and/or received the goods. Sending the revocation or the goods on time to

LUISPOSTER
Brüderstr. 9
44787 Bochum
Germany

is sufficient to meeting the deadline.
If the revocation was sent on time, the goods and payment have to be returned. The customer pays the shipping costs for the return if the item’s worth does not exceed 40€ and if the delivered items are those he had ordered. The customer has to send the goods back via a known delivery company (for example Deutsche Post AG) as a standard parcel. Items that cannot be sent as parcels will be picked up. If the customer cannot return the received item at all or damaged, he has to pay compensation. This also applies to damages that are the result of proper use, but not to those that are the result of examining the item as would be common practice in the store. The customer can avoid damages if he does not put the item into use as an owner would and refrains from any actions that might lower the value. The right of withdrawal is exluded for custom-made items, as well as for special offers and items that are reduced in price. Please note: Print this document or save it electronically for your records.

Shipping, Transportation, Risk of Loss, Shipping Time
Once the shipment or part of it is handed over to the delivery company, LUISPOSTER, proprietor Peter Lihs, loses the obligation to perform and the risk of accidental loss is transfered to the customer. The customer pays the shipping costs. If the customer is in default of acceptance, LUISPOSTER, proprietor Peter Lihs, can charge for the resulting damage. Given shipping times are non-binding. Should the items not be in storage at the time of the order, we will do our best to get them as fast as possible. Claim for damages because of default and impossibility of performance resp. non-performance are excluded, including those that arise before the withdrawal from the contract, except when a legal representative acted intentionally or grossly negligent. Special offers are only valid while stocks last.

Prices
The prices the items are listed with at the time the order is made are valid and include VAT, but not the shipping costs, which have to be paid additionally according to the costs as given on the website. LUISPOSTER, proprietor Peter Lihs, may deliver only a partial shipment if this makes a quick processing possible. Should the customer want a special form of delivery, additional costs will be charged.

Delivery, Payment
The delivery has to be paid for without any deductions as soon as the invoice arrives. If the customer chose direct debit as payment, we will debit the amount from his account within a few days. We are not liable for cash or cheques sent by mail. Should the customer be in default of payment, LUISPOSTER, proprietor Peter Lihs, may charge default interest.

Retention of Title
The goods will remain property of LUISPOSTER, proprietor Peter Lihs, until the complete payment has been made. Until then the customer has to keep the goods in the condition they arrived in and has to report damages immediately. In case of default of payment, LUISPOSTER, proprietor Peter Lihs, may withdraw from the contract and demand the goods back. The costs of the return in case of default after expiration of the revocation period are to be paid or refunded by the customer. The goods may not be pawned until they are paid for.

Warranty for Defects and Liability
LUISPOSTER, proprietor Peter Lihs, guarantees that the goods are free of defects and do not lack promised attributes. However, the goods have to checked for intactness and completeness right after reception. If the customer receives a damaged shipment from a delivery company, he has to refuse to accept it or he loses any right to an undamaged shipment. The customer has to report damages within a week or LUISPOSTER, proprietor Peter Lihs, assumes the shipment was intact and undamaged without any further possibility for revocation or warranty claims. Should there be a defect that was not detected within this week, it has to be reported immediately after discovery. Any contractual warranty claim and claim for compensation expires six months after passing of risk at the latest. If a defect will be reported on time, LUISPOSTER, proprietor Peter Lihs, will replace the item if LUISPOSTER, proprietor Peter Lihs, is responsible for the defect and the item has been sent back to LUISPOSTER. If the customer did not receive the whole shipment, LUISPOSTER, proprietor Peter Lihs, will send the rest. LUISPOSTER, proprietor Peter Lihs, is not responsible for defects that are the results of improper use or above-average wear and tear. Any further claims, no matter which legal right they are based on, are excluded. LUISPOSTER, proprietor Peter Lihs, is not liable for lost profit or any other financial loss. The liability of our employees, representatives and vicarious agents is excluded or limited in the same way as for LUISPOSTER, proprietor Peter Lihs. There is no limitation of liability in case of intent or gross negligence.

Protection of Privacy
The data of the customer will only be stored and used for processing orders. The customer is informed about kind, extend, place and purpose of storing, processing, use and transfer of his personal data that LUISPOSTER, proprietor Peter Lihs, uses to process his order. He agrees with this to the extent as is necessary for processing his order.

Place of Fulfillment, Jurisdiction
Place of delivery, as well as place of payment, is the place of business of LUISPOSTER, proprietor Peter Lihs, in Bochum. German law, but not the United Nations Convention on Contracts for the International Sale of Goods, applies. The jurisdiction for any business-related claim is Bochum. LUISPOSTER, proprietor Peter Lihs, may also sue the customer in the customer’s own jurisdiction.

LUISPOSTER, proprietor Peter Lihs, 2004

This translation is provided to make shopping at our site easier and more convenient for you; however only the German text is valid.