Terms of service

General Terms and Conditions

1. Scope

The following Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

For Germany: Consumers within the meaning of § 13 BGB are any natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

For Austria: In the following provisions, "consumer" refers to the "Konsument" within the meaning of the Consumer Protection Act (KSchG).

For Switzerland: In the following provisions, "consumer" refers to the "Konsument" under Swiss law.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

With respect to entrepreneurs: If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Lotuscrafts GmbH.

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You may place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded by clicking the order button to accept the offer for the goods contained in your shopping cart. Immediately after submitting your order, you will receive another confirmation by e-mail.

3. Contract Language, Storage of Contract Text

The language(s) available for the conclusion of the contract: German, English.

We store the contract text and send you the order data and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery Conditions

Delivery Options

We deliver the products to the delivery address specified during the order process.

We only deliver by shipping. Self-collection of the goods is unfortunately not possible.

5. Payment

5.1 Due Date and Default

The price is due upon conclusion of the contract unless otherwise stipulated in the following payment conditions.

For customers domiciled in Germany and Austria:

• Consumers: In the event of late payment, we reserve the right to charge a fee of €1.50 per reminder from the second reminder onwards. You are entitled to prove that less damage was incurred. Further claims remain unaffected.
• Entrepreneurs: In the event of late payment, we reserve the right to charge statutory default interest at nine percentage points above the base rate, plus a flat fee of €40. Further claims remain unaffected.

For customers domiciled in Switzerland:

• Consumers: In the event of late payment, we reserve the right to charge a fee of CHF 1.50 per reminder from the second reminder onwards. You are entitled to prove that less damage was incurred. Further claims remain unaffected.
• Entrepreneurs: In the event of late payment, we reserve the right to charge default interest at nine percentage points above the ECB base rate, plus a flat fee of CHF 40. Further claims remain unaffected.

5.2 Payment Methods

The following payment methods are generally available in our shop:

Credit Card
You provide your credit card details during the order process. Your card will be charged immediately after placing the order.

PayPal, PayPal Express
To pay the invoice amount via PayPal, you must be registered with PayPal, identify yourself with your login details, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information is provided during the order process.

PayPal may offer additional payment methods in the customer account to registered and selected customers according to its own criteria. We have no influence on this offering. Any additional individual payment methods relate to your legal relationship with PayPal. Further information can be found in your PayPal account.

PayPal Services
In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, we offer further payment options as PayPal Services. Unless otherwise regulated below, payment via PayPal does not require registration. Details are provided during the order process.

Sofort by Klarna
To pay via Sofort GmbH, you must have an online banking-enabled account, authenticate accordingly, and confirm the payment instruction. Your account will be charged immediately after placing the order.

Apple Pay
To pay via Apple Pay, you must use the Safari browser, be registered with Apple, have Apple Pay enabled, authenticate accordingly, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order.

Klarna
In cooperation with Klarna Bank AB (publ.), Sweden, we offer additional payment options for consumers. Payment via Klarna requires successful address and credit checks and is made directly to Klarna. Further details are provided during the order process.

Purchase on Account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The product remains our property until full payment has been made.

For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

For entrepreneurs: We retain ownership of the product until all claims arising from an ongoing business relationship have been settled. You may resell reserved goods in the ordinary course of business; all resulting claims from this resale are assigned to us in advance in the amount of the invoice value, regardless of any connection or mixing of the reserved goods with a new item. We accept this assignment. You remain authorized to collect claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

8. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier immediately and contact us as soon as possible. Failure to complain or contact us has no effect on your statutory rights, in particular your warranty rights, but helps us assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

9. Warranty and Guarantees

9.1 Statutory Liability for Defects

For consumers domiciled in Germany and Austria: Statutory liability for defects applies.

For consumers domiciled in Switzerland: You must inspect the condition of the goods received as soon as feasible in the ordinary course of business, and if defects arise for which the seller is liable, notify the seller immediately. Failure to do so means the goods are deemed approved, unless the defect was not recognizable upon proper inspection. Later discovered defects must be reported immediately upon discovery, otherwise the goods are also deemed approved in this respect.

Please return the defective product with a description of the defect. You bear the transport costs incurred. We provide warranty either by remedying the defect (repair) or delivering a defect-free item (replacement). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to price reduction is excluded.

For entrepreneurs: Unless otherwise expressly agreed, statutory liability for defects applies. Limitations do not apply to damages caused by us, our legal representatives, or vicarious agents:

• in the event of injury to life, body, or health
• in the case of intentional or grossly negligent breach of duty, or fraud
• in the event of breach of essential contractual obligations (cardinal obligations)
• within the scope of a guarantee promise, if applicable
• if the scope of the Product Liability Act applies

For entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract are binding; public statements by the manufacturer or other advertising statements are not binding. For entrepreneurs, the limitation period for defect claims for new goods is one year from transfer of risk. The sale of used goods is without warranty. The statutory limitation periods for recourse claims under § 445a BGB remain unaffected.

Note for merchants: The obligation to examine and give notice of defects according to § 377 HGB applies. Failure to notify renders the goods approved, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and Customer Service

Information on any additional guarantees and their conditions can be found with the product and on special information pages in the online shop.

Customer service: Information on contact methods and availability can be found at: https://www.lotuscrafts.com/pages/kontakt or via email at support@lotuscrafts.com

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives, or vicarious agents:

• in the event of injury to life, body, or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• if the scope of the Product Liability Act applies.

In the event of breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives, or vicarious agents, liability is limited to the foreseeable damage typical for the contract at the time of conclusion. Otherwise, claims for damages are excluded.

11. Supplementary Terms for Business Customers

The Lotuscrafts Business Customer Program (“Wholesale Program”, available at https://wholesale.lotuscrafts.com/) is exclusively directed at business customers such as retailers and studios who wish to purchase Lotuscrafts products for resale or use them for their business equipment. Business customers purchasing via https://wholesale.lotuscrafts.com/ are bound by these conditions.

11.1 VAT

For business customers within the EU, a valid VAT ID number is required at all times. The company name and billing address must match the associated VAT ID data. Changes to this information must be communicated to Lotuscrafts without delay.

11.2 Resale Territory

Resale of products is permitted exclusively within Europe. Resale outside this region requires Lotuscrafts’ prior written consent. Lotuscrafts reserves the right to exclude business customers from the Wholesale Program without authorization if they sell outside this region.

11.3 Sale via Third-Party Platforms

Business customers may only sell through the originally specified sales channel. Sale via third-party marketplaces (e.g. Amazon, eBay) is not permitted without Lotuscrafts’ express approval. Violations will result in exclusion from the Wholesale Program.

11.4 Shipping Conditions

Deliveries to business customers within the EU are made from the Lotuscrafts warehouse in Germany. Delivery is only to the country in which the business customer’s VAT ID is registered.

For business customers outside the EU, delivery is based on an individual shipping offer or collection via a freight forwarder commissioned by the business customer. The agreed Incoterms apply. Full payment is required prior to shipment unless otherwise agreed in writing.

11.5 Returns and Exchanges for Business Customers

No return or exchange rights exist for orders placed under the Wholesale Program. Business customers are not subject to consumer protection laws such as the right of withdrawal. Handling of returns or exchanges with end customers is solely the responsibility of the business customer. Acceptance of returns or exchanges for non-defective products is at the business customer’s discretion.

11.6 Complaints Regarding Defective Goods

In the event of product defects, business customers may file a complaint using the official complaint form. If the complaint is acknowledged by Lotuscrafts, the business customer will receive a credit note. Replacement deliveries or exchanges are not provided.

12. Dispute Resolution

We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

13. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.

Should individual clauses of these Terms and Conditions be wholly or partially invalid, the remainder of the contract remains valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by statutory provisions.