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General terms and conditions (GTC)

 

General terms and conditions (GTC)

of LSG Lufthansa Service Catering- und Dienstleistungsgesellschaft mbH in distance selling and electronic commerce at wingsshop.eurowings.com for purchases of private customers with German billing addresses.

§ 1 Scope
§ 2 Conclusion of contract
§ 3 Delivery
§ 4 Payment terms
§ 5 Reservation of title
§ 6 Revocation
§ 7 Customer account
§ 8 Claims for defects
§ 9 Liability / damages
§ 10 Image and trademark rights
§ 11 Data protection
§ 12 Information pursuant to battery statute
§ 13 Final provisions

§ 1 Scope

§ 1.1 For all offers, deliveries and services relating to merchandise orders over the wingsshop.eurowings.com platform (hereafter “Online Shop“), only the general terms and conditions of LSG Lufthansa Service Catering- und Dienstleistungsgesellschaft mbH, Dornhofstraße 40, 63263 Neu-Isenburg, Germany shall apply.

§ 1.2 The Online Shop is operated by

LSG Lufthansa Service Catering und Dienstleistungsgesellschaft mbH

Münchner Straße 11

D-30855 Langenhagen

Telephone: +49 (0) 511 726 094 22/23

Telefax: +49 (0) 511 726 094 12

Mo-Fr: 8.00am – 4.00pm

E-mail: wingsshoppen@lsgskychefs.com

 

Managing Director: Jens Peter, Timo Mücke

Commercial register Offenbach: HRB 10285

VAT identification number: DE 812233947 

§ 2 Conclusion of contract

§ 2.1 The product presentations in our online shop and our information about merchandise and prices are subject to change and non-binding. They serve as a basis for submitting a purchase offer. By clicking on the “Buy now” button, you are submitting a binding purchase offer requiring our acceptance. No purchase contract or claim to delivery and payment of the goods shall exist until such time as we have accepted the offer. We are not obliged to accept your purchase offer. Our products are sold strictly for purposes of private consumption in quantities commensurate with household use. In case of bookings of all-inclusive or packaged tours and travels please notice that we cannot offer you our services.

§ 2.2 Receipt of your purchase offer is confirmed by an automated e-mail immediately after the offer has been sent and does not yet constitute contract acceptance.

§ 2.3 The order is accepted through dispatch of order confirmation by separate e-mail. Upon receipt of this email a valid contract is concluded between us.

§ 2.4 If the ordered product is not available because through no fault of our own it cannot be delivered by our suppliers for the foreseeable future, we will promptly so inform you and, as the case may be, propose delivery of a comparable product.

§ 3 Delivery             

§ 3.1 Delivery is strictly within Germany; in other words, the delivery address as well as the billing address must be within Germany.

§ 3.2 For order amounts of EUR 50 or more, dispatch is free of charge. If the order amount is less than EUR 50, a lump sum amount of EUR 3.90 shall be charged to cover dispatch costs of the delivery.

The order amount is the subtotal less all discounts granted.

There may be additional costs for express deliveries. These are also due from you if in  accordance with the customary dispatch costs model a delivery were to be free of dispatch costs.

§ 3.3 We are authorised to conduct partial deliveries of products contained within an order which can be used separately, if this is reasonable in consideration of your interests and ours. We will naturally assume any additional dispatch costs thus incurred. Sending partial deliveries shall be at our own risk. Upon receipt of each partial delivery, the risk for the delivered articles shall pass over to you. If we are late with past-due partial deliveries or we are not able to supply the past-due deliveries, you shall be authorised to fully withdraw from the contact or to request damages due to non-fulfilment of the commitment as a whole if the partial delivery is not of interest to you.

§ 3.4 If through your fault the merchandise cannot be delivered despite three delivery attempts, we can withdraw from the contract. Any payments made will then be immediately reimbursed to you. 

§ 4 Means of payment, due date

§ 4.1 You can choose from among the following payment options:

a) PayPal

b) Credit card (MasterCard, Visa)

§ 4.2 The purchase price will be due with conclusion of contract (s. above § 2.3) Depending on payment type selected, your account will be charged at the next possible date.

§ 4.3 If in the case of payment by PayPal or credit card the invoice amount is not settled on time or if it is refused by the account-managing bank, you will automatically be in default. You will also be obliged to pay the statutory default interest in the amount of five percentage points above the basic interest rate published by the European Central Bank plus additional damage caused by delay, in particular additional collection costs, whether or not there have been further payment demands. In any event, you shall retain the right to furnish proof that no or lower damage occurred.

§ 5 Reservation of title

Until such time as payment has been made in full, the delivered merchandise shall remain in our possession. Prior to property transfer, no pledge, chattel mortgage, processing or conversion shall be permitted without our approval. Should your actions be in breach of agreement, in particular payment delay, after setting a reasonable deadline we shall be authorized to take back the delivery item and you shall be obliged to surrender it.

§ 6 Revocation

§ 6.1 Right of revocation

-----------------------------------------------------------------------------------------------------------------

Right of revocation

 

You have the right to revoke this contract within fourteen days without giving reasons. The revocation deadline is fourteen days from the day you or a third party appointed by you who is not the consignor took possession of the merchandise,

 

- if you ordered a product or several products as part of a common order and the product or products are delivered together;

 

- if you ordered several products as part of a common order and the products are delivered separately;

 

If several of the foregoing alternatives are present, the revocation deadline shall begin at the time that you or a third party appointed by you who is not the consignor took possession of the last product or the last partial shipment or the last item.

 

To exercise your right of revocation, you must send a clear statement (e.g. a letter sent by post, telefax or e-mail) to

 

LSG Lufthansa Service Catering & Dienstleistungsgesellschaft mbH

Münchner Straße 11

30855 Langenhagen

 

Telephone: +49 (0) 511 726 094 22/23

Telefax: +49 (0) 511 726 094 12

E-mail: wingsshoppen@lsgskychefs.com

 

in order to informing us of your decision to revoke this contract. To do so, you may use the attached sample revocation form. Use of this form, however, is not mandatory.

 

To meet the revocation deadline, it shall suffice for you to send the notice regarding the exercise of the right of revocation prior to expiration of the revocation deadline.

 

Consequences of revocation

If you revoke this contract, we shall be obliged to reimburse you immediately and within fourteen days at the latest from the day that we receive the notice of your revocation of this contract for all payments that we have received from you, including delivery costs (except any additional costs resulting from your having chosen a delivery type different from the standard, least expensive delivery offered by us). For this repayment, we shall avail ourselves of the same means of payment that you used for the original transaction, unless something else was explicitly agreed with you; in no case will you be charged fees as a consequence of this repayment. We can refuse repayment until such time as we have received the goods back or that you have proven that you have sent the goods back, whichever takes place first.

You must send the goods back or hand them over to us immediately and, in any case, within fourteen days at the latest from the day that you give us notice of the revocation of this contract. The deadline shall have been met if you send the merchandise prior to expiration of the fourteen-day deadline. We shall bear the costs for return of the merchandise. You will only be responsible to pay for any loss in value of the goods if this loss in value is attributable to your handling them unnecessarily to examine the quality, features and function.

 

(Download revocation instruction as PDF)

 

§ 6.2 Revocation form

Sample revocation form

(If you want to revoke the contract, then please complete and return this form.)

To:

LSG Lufthansa Service Catering & Dienstleistungsgesellschaft mbH

Münchner Straße 11

30855 Langenhagen

Germany

 

Telephone: +49 (0) 511 726 094 22/23

Telefax: +49 (0) 511 726 094 12

E-mail: wingsshoppen@lsgskychefs.com

 

- I / we (*) hereby revoke the contract which I/we (*) concluded for purchase of the following merchandise (*) / supply of the following service (*)

 

- Ordered on (*) / received on (*)

 

- Name of user(s)

 

- Address of user(s) – Signature of user(s) (only for communication on paper)

 

- Date

 

__________________

(*) Delete as applicable.

(Download sample revocation form as PDF)

To return the merchandise, you can print out a return parcel label in the “Customer account” area at www.wingsshop.eurowings.com You will not incur any charge for return with the return parcel label.

§ 6.3 There is no right of revocation for the following contracts:

- Contracts for delivery of goods that are not pre-fabricated and for the manufacture of which an individual selection or purpose on the part of the user is essential or which are clearly tailored to the user’s individual needs

- Contracts for delivery of goods that can quickly spoil or whose expiration date is quickly exceeded.

- Contracts for delivery of goods under seal, which are not suited for return for reasons of health protection or hygiene if the seals were removed following delivery.

- Contracts for delivery of audio or video recordings in sealed packaging, if the seal was removed following delivery.

§ 7 Customer account

§ 7.1 You may order using your customer account.

§ 7.2 If you use a customer account, you will be responsible for keeping your credentials (username and password) confidential. We advise that according to applicable law you may be liable for orders made by a third person with your credentials. This is especially the case if you do not store your credentials in a safely fashion.

§ 7.3 You are responsible for the details you specified (e. g. name and address) in your account. In case of changes to these details you will inform us without undue delay. You can do so by updating your details in the section titled My account.

§ 7.4 We have the right to deactivate your account at any time, especially if you are in breach of applicable law or contractual agreement.

§ 8 Claims for defects

§ 8.1 If the merchandise is defective, we will see to supplementary performance in due course, i.e. either replacement or remedy of the defects. If the form of supplementary performance selected by you is only possible at incommensurate cost, we shall be justified in providing supplementary performance in another form. We shall bear any costs connected with supplementary performance. If we are unable to provide supplementary performance, you may choose between reversal of the purchase or reduction in purchase price.

§ 8.2 Defective merchandise is to be returned to us unless you have opted for the reduction in purchase price.

§ 8.3 Claims for defects shall lapse within 2 years from the time of delivery of merchandise.

§ 8.4 In case of defect, the return costs will be borne by us.

§ 9 Liability / damages

§ 9.1 Our liability for damages from breach of contractual obligation shall be limited to contractually typical foreseeable damages.

§ 9.2 This limitation of liability shall not apply to our liability due to malicious conduct or gross negligence, for guaranteed qualities, for danger to life, limb or health as well as our liability pursuant to the product liability law.

§ 9.3 All instructions contained in the packaging and inserts are to be observed. No liability will be assumed for different application and/or use.

§ 10 Image and trademark rights

All image and trademark rights are held by LSG Lufthansa Service Catering- und Dienstleistungsgesellschaft mbH or its partners. Use without explicit consent is not permitted.

§ 11 Data protection

Storage takes place as part of business processing. Where necessary, a further hand-over to the companies associated with the business processing takes place. There shall be no other hand-over to third parties.

§ 12 Information pursuant to the Battery Statute [BattG]

Batteries do not belong in household refuse. As a consumer, you are required by law to return used batteries, e.g. to public collection points or to locations where batteries are sold. You can also send back batteries of the relevant class to us after use at no charge. Batteries that contain hazardous substances are marked with the symbol

and one of the chemical symbols

  • Cd (= battery contains cadmium),

  • Hg (= battery contains mercury) or

  • Pb (= battery contains lead).

Lithium batteries and accu packs of all systems may only be handed in, discharged, at disposal points. To protect from short circuits in the case of incomplete discharge, these types of battery poles are to be insulated with adhesive tape before return.

§ 12 Final provisions

If one of the provisions of these General terms and conditions is invalid, then the remainder of the contract will remain effective. The invalid provision shall be replaced by the relevant statutory provisions.

02/2017

Download as PDF

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