Terms of service
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
**Table of Contents**
1. Scope of Application
2. Conclusion of 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. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution
12. Social Media Disclaimer
13. SMS Marketing
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**1) Scope of Application**
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Limlex.com (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods entered into by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods presented in the Seller's online store. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
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**2) Conclusion of Contract**
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit an offer via the online order form integrated into the Seller's online store. By clicking the button that completes the ordering process, the Customer submits a legally binding offer to purchase the goods in the shopping cart.
2.3 The Seller may accept the Customer's offer within five days by:
- Sending a written order confirmation or confirmation in text form (fax or email), in which case the receipt of the confirmation by the Customer is decisive, or
- Delivering the ordered goods, in which case the receipt of the goods by the Customer is decisive, or
- Requesting payment from the Customer after the order has been placed.
If multiple of the above alternatives apply, the contract is concluded at the time when one of the alternatives first occurs. The acceptance period begins on the day after the Customer submits the offer and ends after the fifth day following the offer submission. If the Seller does not accept the offer within this period, the offer is deemed rejected, and the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment transaction is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., subject to the terms of PayPal, which can be viewed at:
[https://www.paypal.com/de/webapps/mpp/ua/useragreement-full](https://www.paypal.com/de/webapps/mpp/ua/useragreement-full).
If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply:
[https://www.paypal.com/de/webapps/mpp/ua/privacywax-full](https://www.paypal.com/de/webapps/mpp/ua/privacywax-full).
By clicking the button that completes the order process, the Seller declares acceptance of the Customer’s offer.
2.5 The contract text is stored by the Seller after the conclusion of the contract and is sent to the Customer in text form (e.g., email, fax, or letter) after the order has been placed. The Seller does not provide further access to the contract text.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A helpful tool to identify input errors is the zoom function of the browser, which enlarges the screen display. The Customer can correct their input during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.
2.7 The contract language is English.
2.8 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate and that they can receive emails from the Seller.
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**3) Right of Withdrawal**
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Details about the withdrawal right can be found in the Seller’s withdrawal policy.
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**4) Prices and Payment Terms**
4.1 Unless otherwise stated in the product description, all prices listed are total prices including statutory VAT. Any additional shipping costs will be specified separately in the respective product description.
4.2 For deliveries outside the European Union, additional costs may apply, such as:
- Bank transfer fees (e.g., currency conversion fees), or
- Import duties/taxes (e.g., customs fees).
These costs are the responsibility of the Customer.
4.3 The available payment methods are specified in the Seller’s online store.
4.4 If the payment method "SOFORT" is selected, the payment transaction is carried out via SOFORT GmbH. Further information on "SOFORT" can be found at: [https://www.klarna.com/sofort/](https://www.klarna.com/sofort/).
4.5 For payments via Shopify Payments, processing is carried out by Stripe Payments Europe Ltd. More details are available at: [https://www.shopify.com/legal/terms-payments-de](https://www.shopify.com/legal/terms-payments-de).
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**5) Delivery and Shipping Terms**
5.1 Delivery is made within the Seller’s specified shipping area to the address provided by the Customer. The address in the order confirmation is binding.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer must bear the resulting costs. However, this does not apply if the Customer exercises their withdrawal right.
5.3 If the Customer is an entrepreneur, the risk of accidental loss or damage passes to the Customer when the goods are handed over to the shipping provider. If the Customer is a consumer, this risk passes upon receipt of the goods.
5.4 The Seller reserves the right to withdraw from the contract if the Seller is not supplied correctly or on time. If this occurs, the Customer will be informed immediately, and any payment will be refunded.
5.5 Self-collection of goods is not possible due to logistical reasons.
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**6) Retention of Title**
If the Seller provides goods in advance of payment, ownership remains with the Seller until full payment is received.
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**7) Liability for Defects (Warranty)**
7.1 If the Customer is an entrepreneur:
- The Seller has the right to choose the type of defect correction.
- The warranty period for new goods is one year from delivery.
- Claims for defects in used goods are excluded.
- The warranty period does not restart if a replacement is provided.
Social Media Content Disclaimer
The content posted on any social media accounts associated with Limlex is not created, controlled, or endorsed by us. These accounts are operated independently by third-party affiliates and marketers who are responsible for their own content.
Limlex does not review, approve, or verify any materials, claims, or representations made in these posts. We do not assume liability for any misleading, inaccurate, or unlawful content that may be published on these channels.
If you have concerns about specific content, please contact the responsible platform or the individual who posted it directly.
SMS Marketing
By consenting to Limlex’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at support@limlex.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Limlex products or services, you agree that any controversy, claim, action, or dispute between you and Limlex arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Limlex's website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Limlex’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to support@limlex.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Limlex. You are responsible for ensuring Limlex’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Limlex agree that you may bring or participate in Claims against Limlex only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Limlex agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.