AGB

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Long Dinh, trading under “Long Dinh” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending 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 consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, 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 acceptance of the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 When an order is placed via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not make the contract text accessible beyond this. If the Customer created a user account in the Seller’s online shop before submitting the order, the order data is 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 relevant login details.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. Value-added tax is not charged because the Seller is exempt from VAT as a small business owner. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of 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 by financial institutions (e.g. transfer fees, exchange-rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of funds even if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the “Shopify Payments” payment service is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.5 If a payment method offered via the “Apple Pay” payment service is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller’s online shop. Apple may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.6 If a payment method offered via the “Google Pay” payment service is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller’s online shop. Google may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing system is decisive.

5.2 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 original shipment if the Customer validly exercises their right of withdrawal. If the Customer validly exercises the right of withdrawal, the provision made in the Seller’s cancellation policy applies to the return shipping costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller had not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only if the Seller is not responsible for the failure to deliver and has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, the Seller retains title to 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 on liability for defects apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller may choose the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • claims for defects are excluded for used goods;
  • the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above do not apply

  • to claims by the Customer for damages and reimbursement of expenses,
  • if the Seller fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their customary use and have caused the building to be defective,
  • to any 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 statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be 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 on any legal grounds

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise stipulated in this respect,
  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, the Seller’s liability is limited to the damage typical for the contract and foreseeable, unless the Seller is liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. In all other respects, the Seller’s liability is excluded unless the Seller is liable without limitation pursuant to the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.