General Terms and Conditions – Little Sun
These terms and conditions govern your order from LittleSun GmbH, Christinenstr. 18/19, Haus 4, 10119 Berlin, Germany (hereinafter “Little Sun”, “we” or “us”).
Conclusion of contract
Please note that the product descriptions displayed in the online shop do not constitute binding offers.
By clicking the “send order”-button after completing the purchase form, you make a binding offer to enter into a purchase contract with Little Sun pursuant to the terms contained in the purchase form. Please note that we are not obliged to accept the offer.
After examining the order, we will send a purchase confirmation to your email address. The purchase contract is concluded upon receipt of this confirmation.
Prices and payment
Unless otherwise specified, the prices displayed in the online shop are inclusive of German VAT (Umsatzsteuer).
German VAT applies to all deliveries to customers within the EU. Deliveries outside the EU are free of German VAT, but you remain responsible for any VAT and/or customs duty that may apply in destination countries outside the EU. Customs clearance is undertaken by Little Sun’s logistics partners, which will invoice you separately for this service.
Deliveries to entrepreneurs within the EU but outside Germany may be free of German VAT. If you wish to purchase goods as an EU entrepreneur outside Germany, please contact firstname.lastname@example.org.
Retention of title
The goods delivered remain property of Little Sun until complete payment of the purchase price.
Set-off and retention right
You may not set off any counterclaim against claims of Little Sun unless the counterclaim is undisputed or has been finally and non-appealably established. You may only exercise a right of retention to the extent that such right is based on the same contractual relationship.
Right of rescission
We may rescind the contract if and as far as we are unable to receive correct and punctual delivery, stock is insufficient, or circumstances such as strike or force majeure prevent the delivery to you from being made. We will notify you immediately of the reasons for the rescission.
Warranty for defects
If goods are delivered with obvious damage to the packaging or to the goods, you are kindly asked to refuse acceptance and to immediately contact us in order to enable us to reserve our rights against the shipping company. Little Sun’s warranty for defects remains unaffected.
If you are an entrepreneur (Unternehmer) Little Sun’s warranty for defects expires after one year from delivery of the goods.
Liability for damage
Except from injury to life, body or health, and from breach of essential duties such as delivery and transfer of ownership of the goods, Little Sun’s liability for damage is limited to intentional or grossly negligent breach of duty.
If you are a consumer (Verbraucher), i.e. a natural person ordering goods from Little Sun for a purpose that is outside your trade, business or profession, you have the right to withdraw from the purchase contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (LittleSun GmbH, Christinenstr. 18/19, Haus 4, 10119 Berlin, Germany / email@example.com) of your decision to withdraw from the purchase contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form attached to your order, but it is not obligatory.
Effects of withdrawal
If you withdraw from the purchase contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the purchase contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the purchase contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Choice of law and place of jurisdiction
The purchase contract and any other legal relation between you and Little Sun shall be exclusively construed and governed by the laws of the Federal Republic of Germany without regard to the laws that would otherwise apply under applicable choice of law principles and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are a customer, this choice of law only applies as far as it does not elude the obligatory rules of consumer protection of the state of the your habitual residence.
If you are a merchant (Kaufmann), the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the place of business of Little Sun. The same applies if you do not have a general place of jurisdiction within the European Union or if your habitual residence is unknown at the time of filing of a lawsuit.
The invalidity of any of the provisions contained in these general terms and conditions shall not affect the validity of the remaining provisions.
Italicised terms in brackets are clarifying translations of the preceding terms into German language.
Please print or save these general terms and conditions. We do not warrant for providing permanent online access to the terms and conditions applicable at the time of conclusion of the purchase contract.