Terms and Conditions

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Lux & Lange GmbH) via the website www.htc-fishing.de Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your shopping cart. You can access the shopping cart and make changes at any time using the corresponding button in the navigation bar.
After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Klarna, Apple Pay, Google Pay) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the payment service provider.
If you are redirected to the respective instant payment system, make the appropriate selections and enter your data there. You will then be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to review all information again, change it (also via the "back" function of your internet browser) or cancel the purchase.
By submitting the order via the “order with payment” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of the emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Liability

(1) We are liable without limitation for damages resulting from injury to life, body, or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the purchased item, and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding provisions in our customer information (Part II).

(3) If material contractual obligations are affected, our liability for slight negligence is limited to the typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract, the breach of which would jeopardize the achievement of the contractual purpose, as well as obligations that the contract imposes on us according to its content to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance you can regularly rely.

(4) In the event of a breach of non-essential contractual obligations, liability shall be excluded in the event of slightly negligent breaches of duty.

(5) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are 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 abode is unknown at the time the action is filed. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. Customer information

1. Identity of the seller

Lux und Lange GmbH, represented by the managing directors Marcel Eggers and Hermann Stolley,
Schobüllhuus No. 6,
24969 Grossenwiehe
Email: post@htc-fishing.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG and, in conjunction with this, to the Ecommerce Europe Trustmark Code of Conduct, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components, including all applicable taxes.

6.2. 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 by you in addition, unless free shipping has been promised.

6.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes 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 designated by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability for defects

8.1. The statutory liability for defects applies.

8.2. As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found at: http://www.haendlerbund.de/agb-service.

last updated: February 10, 2025