Terms and Conditions
General Terms and Conditions (GTC) of LubeLab GbR
1 Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods (also: "Products") that you (also: "Customer") conclude with us, LubeLab GbR, Rainmaking Loft Berlin UG c/o LubeLab, Winterfeldtstraße 21,
10781 Berlin, (also: “Seller” or “we”) via our online shop - accessible at the URL www.lubelab.de - (also: “Website”).
1.2 Conditions formulated by you or otherwise provided that deviate from these Terms and Conditions will not become part of the contract, even if we are aware of them, unless we expressly agree to their validity and at least in text form (e.g., by email). We do not save this contract text after the contract has been concluded.
1.3 If working days are specified as deadlines in these Terms and Conditions and/or the ordering process, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays.
1.4 The contract language is German. Translations into other languages are provided solely for clarity and are not legally binding.
2 Conclusion of the contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. Our information on products and prices within each order process is subject to change and non-binding.
2.2 You can initially place the products in your shopping cart without obligation. After clicking the "Checkout" button, you can enter your delivery and billing details and select your preferred payment method. You can correct your entries before submitting your binding order by using the correction tools provided for this purpose during the ordering process. By clicking the "Pay now" button, you place a binding order for the products in your shopping cart. Confirmation of receipt of the order will follow immediately after the order has been submitted and does not constitute acceptance of the contract. The order confirmation email contains the essential order details. We can accept your order by sending an order confirmation by email or by delivering the goods within two days.
3 Services of the seller
3.1 We offer the products described in more detail on the website, particularly on the product detail pages, in accordance with the provisions of these Terms and Conditions.
3.2 At your request, we will ship the products to an address of your choice.
3.3 Descriptions of the goods in the online shop are in no way to be understood as guarantees by us for a particular quality of the goods; such quality guarantees must be expressly designated as such and can be found in the product documentation in the online shop.
3.4 If we specify a minimum order value in the online shop, we are not obliged to process orders below this minimum order value.
4 Customer Obligations
4.1 As a customer, you are obliged to provide complete and correct information when placing your order in accordance with Section 2.2 of these Terms and Conditions.
4.2 If delivery fails due to your fault, we will ask you to provide a correct delivery address. We will attempt delivery up to two more times. These additional delivery attempts will be made to the corrected delivery address; if you have not provided a corrected delivery address, the subsequent delivery attempt will be made to the originally specified delivery address. If these additional delivery attempts also fail, even though we have asked you to provide a correct delivery address, we may withdraw from the contract. We will refund any payments made. Further claims, in particular those relating to additional delivery costs, are governed by statutory provisions.
5 Prices and payment methods
5.1 By concluding the contract, you agree to pay the purchase price agreed upon at the time of conclusion of the contract for the products you have purchased plus any shipping costs agreed upon at the time of conclusion of the contract (“Purchase Price”).
5.2 Offers and promotions such as price reductions or discounts (e.g. on shipping costs) are only valid for the specified period.
5.3 Unless otherwise stated, all prices are gross, including statutory VAT, plus any agreed delivery and shipping costs. The purchase price will be clearly communicated to you during the ordering process.
5.4 Payment can generally be made via PayPal, instant bank transfer, invoice, or credit card. There is no option for a discount. We reserve the right to offer you only certain payment methods for the requested delivery, for example, to protect our credit risk, only those that match your creditworthiness. We reserve the right to remove or add individual payment methods.
5.4.1 Payment by credit card: You pay directly during the ordering process by entering your credit card details. Your credit card account will be charged immediately after authorization with the actual invoice amount, less any discounts, gift certificates, etc.
5.4.2 Payment via PayPal: You pay directly via your PayPal account. After submitting your order, you will be redirected to PayPal and authorize the order amount there. Your PayPal account will be debited immediately after authorization with the actual invoice amount, less any discounts, gift certificates, etc.
5.4.3 Payments with Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is 14 days from the date of shipment. You can find the invoice terms here.
Immediately: Your account will be debited immediately after you place your order.
Direct debit: The debit will be made after the goods are shipped. You will be notified of the date by email.
The use of invoice, installment purchase, and direct debit payment methods requires a positive credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with applicable data protection regulations and in accordance with the information in Klarna's privacy policy. We accept your order by sending a declaration of acceptance in a separate email or by dispatching the goods within two business days.
5.5 If third parties have been commissioned to process payments, for example Klarna, PayPal or Adyen, their general terms and conditions may also apply.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.7 In the event of a returned direct debit, you are obligated to reimburse us for the costs actually incurred by the returned direct debit.
6 Delivery and shipping conditions
6.1 The products will be delivered by post to the delivery address you have provided.
6.2 You will be informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) for the individual products on a separate information page “Shipping costs & delivery times” or in the respective product description.
6.3 You bear the shipping costs. The shipping costs will be displayed to you before the contract is concluded.
6.4 We are entitled to make partial deliveries, provided this is reasonable for you as the customer. In the case of partial deliveries, you will only bear the shipping costs incurred for the first of the partial deliveries.
6.5 Any customs duties or local taxes must be borne by you.
7 Retention of title
7.1 The goods delivered to you remain our property until full payment has been made.
7.2 In the event of breach of contract, in particular in the event of default in payment, we shall be entitled to demand the return of the goods subject to retention of title, provided that we have withdrawn from the contract.
8 Warranty
8.1 For all defects in the purchased item that occur during the statutory warranty period, you shall have the option of claiming subsequent performance, remedy of the defect/new delivery and – if the statutory requirements are met – further claims for reduction of price or withdrawal as well as compensation for damages, including compensation for damages instead of performance and reimbursement of your wasted expenses.
9 Our liability, exclusion and limitation of liability
Within the scope of these Terms and Conditions, we are finally liable as follows:
9.1 We are liable for material or legal defects in the delivered goods in accordance with statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins upon delivery of the goods.
9.2 We are liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
9.3 In cases of slight negligence, we are liable for breaches of a material contractual obligation. A material contractual obligation within the meaning of this clause is an obligation whose fulfillment is essential for the performance of the contract and on whose fulfillment you, as a contractual partner, may therefore regularly rely.
9.4 Liability pursuant to the previous clause 9.2 is limited to the damage typical and foreseeable at the time of conclusion of the contract.
9.5 The limitations of liability shall apply accordingly to our employees, agents and vicarious agents.
9.6 Any further liability on our part is hereby excluded; however, any liability on our part for guarantees given and for claims based on the Product Liability Act or in the event of data protection violations remains unaffected.
10 Copyright and image rights
10.1 All copyrights and image rights displayed on the website are owned by us or we are authorized to use them. Use without our express consent is prohibited.
11 Statutory right of withdrawal
If you are a consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch), i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity, you are generally entitled to a statutory right of withdrawal in accordance with the following provisions:
11.1 Cancellation policy
Cancellation policy
Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must:
LubeLab UG
Kaiserdamm 4
14057 Berlin
Email: info@lubelab.de
by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notified us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
We will cover the return shipping costs if you return the goods using the return labels we provide. In all other cases, you will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
11.2 Sample cancellation form
Sample cancellation form
– To: Rainmaking Loft Berlin UG c/o LubeLab, Winterfeldtstraße 21, 10781 Berlin , info@lubelab.de
– I/we ( ) hereby revoke the contract concluded by me/us ( ) for the purchase of the following goods
– Received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
12 Alternative dispute resolution
12.1 The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We would like to point out that we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13 Electronic communication
13.1 You agree that contract-related communications may be made electronically.
14 Final provisions, choice of law, place of jurisdiction
14.1 German law applies, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. 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.
14.2 If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you are a merchant or a legal entity under public law, or if you have moved your permanent residence abroad after these General Terms and Conditions have taken effect, or if your place of residence or habitual abode is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin.
14.3 Should individual provisions be legally invalid or unenforceable in whole or in part, or should they subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.
As of: January 9, 2024