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Terms & Conditions


General terms and conditions of Last Minute Gifts GmbH

  • 1 Scope and Definitions

(1) These general terms and conditions apply to all business relationships between us and the customer in the version valid at the time of the order. 

(2) "Consumer" in the sense of these general terms and conditions is any natural person who concludes a legal transaction with us for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB). 

(3) "Entrepreneurs" in the sense of these General Terms and Conditions are all natural or legal persons or partnerships with legal capacity who enter into business relationships with us and who act in the exercise of their commercial or independent activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or independent activity, he also benefits from the rights intended for consumers. He is considered a consumer within the meaning of these terms and conditions.

(4) “Customers” in the sense of these general terms and conditions are both consumers and entrepreneurs.

(5) General terms and conditions of companies that conflict with, deviate from or supplement our general terms and conditions, even if they are aware, do not become part of the contract, unless their validity is expressly agreed in writing. 

  • 2 Conclusion of the contract
  • The following provisions on the conclusion of a contract apply to orders in our internet store – rustsydney.com

 

(2) If a contract is concluded, it is concluded with

Last Minute Gifts GmbH

represented by the managing directors Peter Alam & Klaudia Redzisz-Alam

Eberswalder Str. 16
10437 Berlin / Germany.

(3) The placement of goods in our online shop does not constitute a legally binding contract offer from us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he is making a binding offer for him to conclude a purchase contract.

(4) When an order is placed in our online shop, the following rules apply: 

When a customer goes through the order process shown below, he is submitting a binding contract offer. The ordering process takes place in these steps: 

  1. a) Selecting the desired goods 
  2. b) Confirm by clicking the "Add to shopping cart" button 
  3. c) Checking all information in the shopping cart 
  4. d) Clicking the "Checkout" button 
  5. e) Log in as a customer or register as a new customer
  6. f) Name, address and email address
  7. e) Select the payment method and click the "Next" button
  8. g) Click the "Next" button
  9. h) Checking and correcting the data entered and accepting the terms and conditions
  10. i) Binding sending of the order by clicking the button "Order with obligation to pay". 

Before the binding submission of the order, the customer can return to the page on which the information that the customer provided during the ordering process was entered by clicking the "Back" button on his Internet browser after checking his details. There he can correct any errors or end the order process by closing the Internet browser. 

After receiving the order, we will confirm it by an automatically composed email. However, this e-mail does not yet represent an acceptance of the offer on our part. We accept the offer in writing, in text form or by sending the goods.

(5) We save the text of the contract and send you the data of your order as well as our general terms and conditions by email. You can also access the general terms and conditions at https://www.rustsydney.com.

 

  • 3 Regulations on prices, shipping costs, payment and due dates

(1) All prices that we specify in our online shop include the statutory sales tax and other price components. Any shipping costs and possibly the costs of cash on delivery are not included. These are charged separately.

(2) Payment is made by Pay Pal PLUS or 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:

Invoice: The payment period is 14 days from the dispatch of the goods / the ticket / or, in the case of other services, the provision of the service. You can find the billing conditions  here .

Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the cash register. Payment in installments is due at the end of the month after Klarna has sent a monthly invoice. You can find more information on hire purchase including the general terms and conditions and the European standard information for consumer credit  here .

Immediately: Your account will be debited immediately after placing the order.

Credit card (Visa / Mastercard)

Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email.

The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found  here . General information about Klarna is available  here . Your personal details will be  treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in  Klarna's data protection regulations .

(3) An entrepreneur has to pay interest on monetary debts during the delay at 9 percentage points above the base rate. However, we reserve the right to claim higher damage caused by default against an entrepreneur. 

(4) An entrepreneur only has a right to offset if his counterclaims, with which he would like to offset, are undisputed or have been legally established. 

  • 4 Regulations on delivery and transfer of risk

(1) Unless we expressly state otherwise in the product description, the delivery time for the goods is 5 days. In the case of payments in advance, the period begins when the transferring bank has issued the payment order, in other cases on the day after the conclusion of the contract and ends with the expiry of the last day of the period.

(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item will not be transferred until the item is handed over to the customer. 

(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the item already takes place when we hand over the goods to the logistics company commissioned by us. 

(4) If the customer is an entrepreneur, we reserve the right to set a new, reasonable delivery time in the event that a delivery period cannot be met for reasons for which we are not responsible. The customer will be informed immediately about non-compliance with the delivery time. If we cannot deliver the ordered item within the newly determined period, we are entitled to withdraw from the contract with entrepreneurs. If the customer has already provided consideration, we will reimburse this immediately. 

  • 5 retention of title 

(1) If the customer is a consumer, we reserve ownership of the goods until the purchase price has been paid in full. 

(2) If the customer is an entrepreneur, we reserve ownership of the goods until all claims resulting from the current business relationship have been paid in full. If the value of the reserved goods exceeds the claims to be secured from the ongoing business relationship by 10%, we are obliged to release the reserved goods.

(3) If the customer is an entrepreneur, he can resell the goods in the ordinary course of business. In this case, he already now assigns to us all claims in the amount of the invoice amount that the customer accrues to third parties through a resale. We already accept the assignment. After the assignment, the entrepreneur is authorized by us to collect the claim. We reserve the right to just in case. The fact that the entrepreneur does not properly meet his payment obligations and is in default of payment, to collect the claim himself. An entrepreneur processes and processes the delivered goods in our name and on our behalf. If an entrepreneur has processed the goods, we acquire joint ownership of the new item. This co-ownership is measured in relation to the value of the goods delivered by us. The same applies if an entrepreneur processes or mixes the goods with objects that do not belong to us.

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  • 6 warranty 

(1) The statutory warranty regulations apply to consumers.

(2) In the case of used items, warranty claims for consumers become statute-barred after one year from delivery of the goods.

Such a shortening of the limitation period, however, does not apply to those warranty claims which result in damages and in which there is intent or gross negligence or a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for proper execution and processing of the contract and on whose compliance a buyer can normally rely. 

(3) Claims for damages from consumers due to injury to life, body or health or due to the provisions of the Product Liability Act (ProdHaftG) also remain unaffected.

The same regulations apply to breaches of duty by our vicarious agents.

(4) Warranty claims that are not aimed at compensation for damages expire after one year from delivery of the goods. This does not affect the statutory limitation periods for recourse claims of the entrepreneur according to § 478 BGB. 

(5) Entrepreneurs within the meaning of these general terms and conditions are obliged to examine the goods received immediately for deviations in quantity and quality. Identifiable defects are to be reported to us in writing within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the notification obligation. The entrepreneur is obliged to notify us of hidden defects in writing within a period of one week. The period begins with the discovery of the corresponding defect. To meet the deadline, it is sufficient if the notification of defects is sent in good time. The full burden of proof for any claim requirements, in particular for the defect itself,

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  • 7 Limitation of Liability

Liability for damage caused by simple negligence is excluded, provided this does not result from the breach of essential contractual obligations, a guarantee for the quality of the object of purchase, damage from injury to life, body or health or claims under the Product Liability Act (ProdHaftG) are affected. Essential contractual obligations are those whose fulfillment is essential for proper execution and processing of the contract and on whose compliance a buyer can normally rely. 

The same regulations apply to breaches of duty by our vicarious agents.

Liability for the breach of essential contractual obligations in cases of simple negligence is limited to damage that is typically associated with the contract and foreseeable. 

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  • 8 right of withdrawal for customers as consumers:

Cancellation policy Right of

cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

In order to exercise your right of revocation, you must send a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. 


To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. 

Consequences of the withdrawal 


If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that that you have returned the goods, whichever is earlier. You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

 You 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 to check the nature, properties and functionality of the goods.

End of revocation

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  • 9 Code of Conduct

We have not submitted to any codes of conduct.

  • 10 Contract language, choice of law, place of jurisdiction

(1) Only the German language is used for the execution and processing of the contract.

(2) The law of the Federal Republic of Germany applies to the contractual relationships, whereby the UN sales law is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

(3) If the customer is a merchant, legal entity under public law or special fund under public law, our place of business is agreed as the exclusive place of jurisdiction for all disputes arising from this contract.

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  • 11 customer service

For questions, complaints and complaints, our customer service is available on working days from 9:00 a.m. to 5:00 p.m. 

Phone: +49 (0) 30 276 95409

 

email: info@rustsydney.com

to disposal.

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  • 12 online dispute resolution platform

We are legally obliged to inform consumers of the existence of the European online dispute resolution platform. This can be used to resolve disputes without having to initiate legal proceedings. The European Commission is responsible for setting up this platform; it has set up the European online dispute resolution platform under the following link:  https://ec.europa.eu/consumers/odr/

  • 13 Severability Clause

If one or more provisions of these terms and conditions are invalid or unenforceable or if they become so retrospectively, the remaining provisions remain unaffected. This only does not apply if the omission of individual clauses puts a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

Cancellation policy for customers as consumers

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

 The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

 In order to exercise your right of withdrawal, you must inform us (Last Minute Gifts GmbH, Last Minute Gifts GmbH Eberswalder Str. 1610437 Berlin / Germany, telephone: +49 (0) 30 276 95409) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

 To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. 

Consequences of the withdrawal 


If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that that you have returned the goods, whichever is earlier. You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

 You 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 to check the nature, properties and functionality of the goods. 

End of cancellation policy