Terms of service
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you conclude with us, the luxdag GmbH, via the website www.chalette.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we already submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can access the "shopping cart" and make changes at any time. After clicking the "checkout" or "proceed to checkout" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the internet browser), or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare bindingly the acceptance of the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all necessary information in connection with the conclusion of the contract are carried out by email, partly automated. You must therefore ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured, and in particular, not prevented by SPAM filters.
§ 3 Individually Designed Goods
(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws. You expressly release us from all claims asserted by third parties in this context. 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 assume no liability for errors in this respect.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply for this, you will be separately informed of these. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Reservation of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transfer of ownership of the reserved goods, a pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to 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 upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is ours.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to promptly notify us and the carrier of any complaints. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only agreed upon if you were informed about it before submitting the declaration of intent by us and the deviation was expressly and separately agreed upon between the parties to the contract.
(4) If you are an entrepreneur, the following deviations from the above warranty regulations apply:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public praise, and statements made by the manufacturer.
b) In the event of defects, we provide warranty by repair or replacement at our discretion. If the defect rectification fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The defect rectification is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply to:
- damages attributable to us that have been caused culpably and arise from injury to life, body, or health, and in the case of damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee
for the quality of the item;
- in the case of items that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. This choice of law only applies to consumers to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationships with us and the jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
luxdag GmbH
Contrescarpe 8c
28203 Bremen
Germany
Phone: 0049 421 24 361 400
Email: hello@chalette.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of inquiries outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Essential Features of the Goods or Service
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne additionally by you, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred that we are not responsible for, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which are to be borne by you.
5.4. You are responsible for any costs incurred for money transfers (bank transfer or exchange rate fees charged by credit institutions) in cases where delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The available payment methods are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment will only pass to you upon delivery of the goods, 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 another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipping are at your risk.
7. Legal Warranty Rights
The warranty is governed by the provisions of the "Warranty" regulation in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on termination of the contract and the termination conditions can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I), as well as in the respective offer.
Last updated: September 28, 2023
(1) The following terms and conditions apply to contracts you conclude with us, the luxdag GmbH, via the website www.chalette.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we already submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can access the "shopping cart" and make changes at any time. After clicking the "checkout" or "proceed to checkout" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the internet browser), or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare bindingly the acceptance of the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all necessary information in connection with the conclusion of the contract are carried out by email, partly automated. You must therefore ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured, and in particular, not prevented by SPAM filters.
§ 3 Individually Designed Goods
(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws. You expressly release us from all claims asserted by third parties in this context. 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 assume no liability for errors in this respect.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply for this, you will be separately informed of these. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Reservation of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transfer of ownership of the reserved goods, a pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to 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 upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is ours.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to promptly notify us and the carrier of any complaints. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only agreed upon if you were informed about it before submitting the declaration of intent by us and the deviation was expressly and separately agreed upon between the parties to the contract.
(4) If you are an entrepreneur, the following deviations from the above warranty regulations apply:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public praise, and statements made by the manufacturer.
b) In the event of defects, we provide warranty by repair or replacement at our discretion. If the defect rectification fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The defect rectification is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply to:
- damages attributable to us that have been caused culpably and arise from injury to life, body, or health, and in the case of damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee
for the quality of the item;
- in the case of items that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. This choice of law only applies to consumers to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationships with us and the jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
luxdag GmbH
Contrescarpe 8c
28203 Bremen
Germany
Phone: 0049 421 24 361 400
Email: hello@chalette.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of inquiries outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Essential Features of the Goods or Service
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne additionally by you, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred that we are not responsible for, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which are to be borne by you.
5.4. You are responsible for any costs incurred for money transfers (bank transfer or exchange rate fees charged by credit institutions) in cases where delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The available payment methods are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment will only pass to you upon delivery of the goods, 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 another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipping are at your risk.
7. Legal Warranty Rights
The warranty is governed by the provisions of the "Warranty" regulation in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on termination of the contract and the termination conditions can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I), as well as in the respective offer.
Last updated: September 28, 2023