§ 2 Contract language

The language available for the conclusion of the contract is exclusively English. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.



§ 3 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract, but an invitation to place an order (invitatio ad offerendum).

(3) Before sending the order, you have the opportunity to check the information in the order overview again and change it if necessary. You can also cancel the order using the "back" function of the Internet browser.

(4) Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. The complete text of the contract will not be saved by us.

(5) By sending an order via the online shop, you place a legally binding order. You are bound to the order for a period of one (1) week after placing the order. Your possible right to revoke your order remains unaffected by this (see the revocation instructions in the appendix).

(6) We will confirm receipt of your order placed via our online shop immediately by e-mail to the e-mail address you have provided (hereinafter "order confirmation"). The order confirmation will list the details of your order.

(7) The Order Confirmation does not constitute a binding acceptance of the order, but is only intended to inform you that we have received your order and with what content. Something else shall only apply if, in addition to the confirmation of receipt, the acceptance is declared at the same time.

(8) You must ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

(9) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(10) In the case of offer enquiries outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

(11) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock or cannot be produced, we shall refrain from making a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

§ 4 Right of withdrawal

As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.



§ 5 Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including the statutory value-added tax and are exclusive of any shipping costs incurred, unless otherwise stated in the order. The amount shown at the time of the binding order shall apply. 

(2) The shipping costs are indicated in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.

(3) If we fulfil your order in accordance with § 6 para. 1 of these GTC by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) Any costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

(5) The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

(6) If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.



§ 6 Terms of delivery

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period can be 7-14 working days, unless otherwise agreed. The longer delivery period is due to the fact that the ordered goods are only manufactured by us and sent to you after receipt of your order. The delivery period begins - subject to the provision in paragraph 3 - with the conclusion of the contract.

(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.

(4) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, the supplier's obligation to perform is excluded. Amounts already paid shall be refunded by the supplier without delay.

(5) The supplier can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid shall be refunded by the supplier without delay.

(6). Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

(7) If you are an entrepreneur, delivery and dispatch shall be at your risk.



§ 7 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and in this respect do not accept any liability for errors.

§ 8 Terms of payment

(1) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract and the shipping costs are due for payment immediately.

(2) You can pay the purchase price and the shipping costs according to your choice with the payment options offered for you in the online shop of the supplier. In the case of a direct debit authorisation or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time stipulated in paragraph 1. A direct debit authorisation granted shall also apply to further orders until revoked.



§ 9 Retention of ownership

(1) The goods remain our property until the purchase price has been paid in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

(2) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of ownership, a pledge or transfer of ownership by way of security is not permissible.
b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.



§ 10 Right of retention

You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.



§ 11 Set-off

You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.



§ 12 Warranty

(1) The statutory rights of liability for defects shall apply. The statutory warranty for consumers ends two years after delivery of the goods.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Insofar as you are an entrepreneur, the following shall apply in derogation of the above warranty provisions:

a) The goods must be inspected for defects immediately upon receipt by you or a third party named by you in accordance with § 377 of the German Commercial Code (HGB). Any defects must be reported immediately in text form at the e-mail address provided.

(b) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

(c) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply

for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 13 Copyrights

We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.



§ 14 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligations), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.



§ 15 Choice of law, place of fulfilment, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(4) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.



§ 16 Severability clause, text form

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision by a valid provision which comes as close as possible to the intended economic purpose. The same shall apply in the event of a loophole.

(2) Amendments or supplements to this contract must be made in text form.



Berlin, 10.09.2022

Appendix

II. Refund Policy

Right of withdrawal for consumers

As a consumer, you are entitled to a right of withdrawal in accordance with these cancellation instructions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

As a consumer, you have the right to cancel this contract within 14 days without giving any reason.


The revocation period is 14 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 one or more goods as part of a uniform order and these are delivered uniformly;
• on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately;
• 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, if you have ordered goods that are delivered in several partial consignments or pieces;

In order to exercise your right of withdrawal, you must inform us (Luisa Lauber Knitwear Design GmbH, Talstr. 5, 13189 Berlin, phone no.: +49 30 5563 0776, e-mail address: hello@lotre-studio.de) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.



Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you send off the goods before the 14-day period has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.


Reasons for exclusion or expiry

The right of withdrawal does not apply to contracts

• for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

The right of withdrawal expires prematurely in the case of contracts

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

Sample withdrawal form

(If you wish to cancel the contract, please complete and return this form).

- To Luisa Lauber Knitwear Design GmbH, Talstr. 5, 13189 Berlin, e-mail address: hello@lotre-studio.de :

- I/we (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of the following goods (*)/
the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date(s)

(*) Delete where inapplicable.