Terms of service

General Terms and Conditions for Consumers (GTC) and consumer information

These General Terms and Conditions (hereinafter referred to as " GTC") form the exclusive basis for all contracts concluded between

PAPA LOBSTER GmbH,
Roonstr. 15, D-32427 Minden, Germany,
Management: Ms. Johanna Wallmann, Ms. Antonia Schroeder
registered in the Commercial Register of the Bad Oeynhausen Local Court under HRB 13792 B
(hereinafter " Provider")

and their non-commercial customers (see Section 1.3) via the Provider's online store atwww.papalobster.de or catalogs of the Provider as well as by e-mail, fax, letter and telephone or other means of distance communication.

The GTC also serve, among other things, to fulfill statutory information and notification obligations towards consumers. All consumer information is also communicated to the customer in text form (e.g. letter, fax, e-mail) with the GTC after the order. Furthermore, the customer can print out or save the GTC free of charge. To do this, please select the text and save it on your computer or print it out. The provider refers to the data protection information and the corresponding data protection declaration.

1. general information

1.1 Customers within the meaning of these General Terms and Conditions are exclusively consumers. A consumer within the meaning of § 13 BGB is a natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

1.2 The General Terms and Conditions shall apply in the version valid at the time of the order.

1.3 These General Terms and Conditions do not apply to entrepreneurs. An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction.

2 Conclusion of contract

2.1 The provider and contractual partner for all orders is Papa Lobster GmbH, Roonstr. 15, D-32427 Minden, Germany, management: Ms. Johanna Wallmann, Ms. Antonia Schroeder,

registered in the Commercial Register of the Bad Oeynhausen Local Court under HRB 13792 B.

2.2 The presentation of the goods in the online store does not constitute a binding offer by the provider. It is an invitation to the customer to submit a binding offer to the supplier.

2.3 Every order placed by the customer constitutes a binding offer to conclude a purchase contract for the goods ordered. By clicking on the "Buy" button at the end of the order process in the online store, the customer submits such an offer to purchase the goods contained in the shopping cart. Until this button is clicked, the customer can change his order and the data provided for his order at any time. By doing so, the customer also recognizes these terms and conditions as the only ones applicable to the legal relationship with the provider.

2.4 The provider shall confirm receipt of the customer's order in text form (e-mail) and inform the customer of the contractual details. This confirmation of receipt does not constitute a binding acceptance of the order but only serves to inform the customer that the provider has received the customer's offer.

2.5 The purchase contract is only concluded when the provider sends the customer an express order confirmation within five working days of the order or sends the ordered goods to the customer.

2.6 The order data is stored by the provider. As explained in section 2.4, the customer receives all relevant data of his order in text form, e.g. in the form of an e-mail, which can be printed out and/or saved.

3 Prices and terms of payment

3.1 All prices quoted in the provider's online store are final prices and include all price components including applicable taxes (e.g. VAT).

3.2 In the case of shipping, delivery and shipping costs are also incurred, which are indicated in addition to each price and at each checkout of the shopping cart; the delivery and shipping costs incurred in addition to the price of the goods can also be viewed at www.papalobster.de/pages/versand .

3.3 The customer can pay by credit card (VISA, MasterCard) and PayPal.

3.4 A purchase on account, installments or trial is not possible. The statutory right of withdrawal (see section 6 below) remains unaffected.

4 Delivery, transfer of risk, retention of title

4.1 The goods shall be delivered to the delivery address specified by the customer. All deliveries are delivered by DHL (Deutsche Post AG) as standard.

4.2 The provider usually ships the purchased and paid goods within 24 hours, at the latest within five working days after receipt of payment.

4.3 The goods are delivered at the risk of the provider. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over to the customer; this also applies to mail order purchases.

4.4 The goods remain the property of the supplier until the purchase price has been paid in full.

5 Warranty

5.1 In the event of obvious material or manufacturing defects in the goods, including transport damage, the supplier asks the customer to make a complaint immediately, if possible within 2 working days of receipt of the goods. If the customer does not complain immediately, this has no effect on the customer's statutory claims.

5.2 For all defects in the purchased item occurring during the statutory warranty period, the statutory claims for subsequent performance, rectification of defects/new delivery and - if the statutory requirements are met - the further claims for reduction or withdrawal as well as compensation for damages, including compensation for damages instead of performance and compensation for the customer's futile expenses, shall apply at the customer's discretion.

5.3 Since the supplier's products are manufactured on hand knitting machines, no two products are exactly alike, so that minor deviations from the product images published in the online store may occur, which do not constitute a manufacturing defect, but are due to the individuality of the products.

6 Data protection

6.1 The personal data voluntarily provided by the customer in the context of his order will be used exclusively in compliance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

6.2 Personal data of the customer is only collected if and insofar as the customer voluntarily provides such data to the provider when using the online store. This data is only processed and passed on to third parties if this is necessary for the execution of the contractual relationship between the provider and the customer. The data is therefore passed on to the shipping company commissioned with the delivery and - if necessary - to the credit institution commissioned with the payment processing or the payment service commissioned with the payment processing. The data will not be passed on to third parties beyond this.

6.3 The customer has the right to free information about his stored personal data at any time and, if necessary, the right to correct, block and delete this data.

6.4 The provider reserves the right to create user profiles for the purposes of advertising, market research or the needs-based design of its offers using pseudonyms on the basis of the customer data collected. The customer is entitled to object to this use of their usage data at any time.

6.5 The content of the data protection information within the meaning of this Section 7can be accessed by the customer at any time atwww.papalobster.de/pages/datenschutz.

6.6 Questions regarding the collection, processing or use of personal customer data, information, corrections, blocking or deletion of data as well as the revocation of consents granted can be directed to the provider at the address given above.

7 Final provisions

7.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the country in which the customer has his habitual residence at the time of conclusion of the contract remains unaffected by this choice of law.

7.2 If one or more provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

Minden, August 2014

© PAPA LOBSTER GmbH