Terms of service

Table of contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Lucid Club GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter "Customer") and the Seller in respect of 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 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly provided otherwise.

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

1.4 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their 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 as an invitation to 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. In doing so, after placing the selected goods in the virtual cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the cart by clicking the button that completes 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, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting the Customer to make payment 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 first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end 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 result 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 Luxemburg (hereinafter: "PayPal"), subject to the PayPal User Agreement, 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 in the online ordering process, the Seller hereby declares its acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxemburg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process the Customer at the same time issues a payment order to Amazon. In this case, the Seller hereby declares its acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When an order is placed via the Seller's online order form, the text of the contract 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 sent their order. The Seller does not make the text of the contract available beyond this. If the Customer has set up a user account in the Seller's online shop before sending their 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.

2.7 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. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

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

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

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's information on the right of withdrawal.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also be incurred 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 payment service "PayPal" is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes advance performance to the Customer (e.g. purchase on account or payment in instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and return shipments, or credit notes.

4.5 If the payment method "Sofortüberweisung" is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Schweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", must identify themselves accordingly during the payment process and must confirm the payment instruction. The payment transaction is carried out by Klarna immediately afterwards and the Customer's bank account is debited. The Customer can find further information on the payment method "Sofortüberweisung" on the internet at https://www.klarna.com/sofort/.

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

4.7 If a payment method offered via the payment service "Mollie" is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Niederlande (hereinafter: "Mollie"). Mollie may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately. Further information on "Mollie" is available on the internet at https://www.mollie.com/de/.

4.8 If a payment method offered via the payment service "Ratepay" is selected (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay instalment payment), payment is processed by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"), to which the Seller assigns its claim against the Customer. The Ratepay payment methods offered by the Seller in each case are communicated to the Customer on the Seller's website. The Customer can only make payment with debt-discharging effect to Ratepay. However, the Seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and return shipments, or credit notes). In all other respects, the General Payment Terms of Ratepay apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.9 If a payment method offered via the payment service "Stripe" is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the Customer may be referred separately. Further information on Stripe is available on the internet at https://stripe.com/de.

4.10 If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Schweden (hereinafter "Klarna"). Further information and the relevant Klarna terms can be viewed here:

https://lucid-club.com/pages/versandinformationen

4.11 If a payment method offered via the payment service "Payolution" is selected, payment is processed via Payolution GmbH, Columbusplatz 7-8, Stiege 1 / 5. Stock, 1100 Wien, Österreich (hereinafter "Payolution") in cooperation with Bank Frick & Co. AG, Landstrasse 14, 9496 Balzers, Liechtenstein. Further information on the payment methods offered and the specific terms and conditions can be found at the following web address:

https://lucid-club.com/pages/versandinformationen

5) Delivery and shipping terms

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in the Seller's information on the right of withdrawal applies to the return shipping costs.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, the carrier or the 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 passes in principle only upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, even in the case of consumers, as soon as the Seller has handed the item over to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer based in Germany or as a trader, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller itself. However, this only applies if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

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

5.6 Vouchers are provided to the Customer as follows:

• by download
• by email

6) Retention of title

If the Seller makes advance performance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. In derogation from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, rights in respect of defects are excluded;
• the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

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

• to claims of the Customer for damages and reimbursement of expenses,
• in the event that the Seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
• 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 In addition, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

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

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

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act (Produkthaftungsgesetz).

8.2 If the Customer acts as a consumer based in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it is liable without limitation in accordance with the preceding clause. Material contractual obligations are obligations which 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 whose compliance the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless it is liable without limitation in accordance with the preceding clause.

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

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 If the Promotional Voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in full or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

9.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.2 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.3 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.4 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

11) Applicable law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

12) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

13) Alternative dispute resolution

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