Termini e condizioni del servizio
General Terms and Conditions
(Status: July 2024)
LC Payment Systems and Services GmbH, Mergenthalerallee 79-81, 65760 Eschborn, Germany, e-mail: support@lula.cards, registered in the Commercial Register of the Local Court of Frankfurt am Main under HRB 132923, VAT identification number: DE 364 843 014, represented by the Managing Director Stefan Schäfer, ("Provider", "we", "us") is the issuer of various voucher products, including the Lula Card.
The following General Terms and Conditions ("GTC") apply in their most recent version to the sale of the Lula Card and third-party products to consumer or private customers ("customer", "you", "you"). Terms and conditions that conflict with or deviate from these GTC shall not apply unless the Provider expressly agrees to their application in writing.
Part A: General part
1. DESIGN OF THE LULA CARD
1.1 The issuer of the Lula Card is the provider. The Lula Card is a universal voucher with which the voucher holder can purchase vouchers, product keys and license codes from third-party providers ("third-party products") from our current range exclusively from us at www.lula.cards. The Lula Card is not accepted or technically processed by third parties. The Lula Cards are not accepted or technically processed by third parties. Payment of the value of the Lula Card in cash is excluded.
1.2 In particular, Lula Cards cannot be used for cash payments, bank transfers, the purchase of foreign currency or cryptocurrencies or as a general means of payment.
1.3 Lula Cards expire after three years from the end of the year in which the Lula Card in question was purchased.
1.4 The Lula Card is an independent voucher that cannot be equated with a third-party product. When ordering a Lula Card, a contract is concluded exclusively with the provider and not with a third-party provider.
1.5 If you have any questions about the Lula Card or third-party products, please contact our service team at support@lula.cards. We will endeavor to provide you with the best possible support for all questions relating to the Lula Card and/or third-party products.
2. OUR RANGE OF THIRD PARTY PRODUCTS
2.1 Information about our range of Third Party Products can be found at www.lula.cards.
2.2 We are not obliged to offer certain Third Party Products on a permanent basis. If we no longer offer a certain third-party product, Lula Cards purchased can no longer be used to purchase this third-party product. This also applies in the event that a third-party provider was advertised as a third-party provider when the Lula Card was purchased.
2.3 The offer contains a complete and accurate description of the products offered. The description and information of the products is based on information from third-party providers.
2.4 The images on the website and/or in the (mobile) application are a true representation of the product offered. These images are for illustrative and recognizable purposes only. Obvious errors or mistakes in the offer are not binding for the provider.
2.5 If a product has a limited period of validity or is subject to (further) conditions, this is explicitly stated in the offer.
3. PRICE
3.1 The prices for the product stated on the website and/or in the (mobile) application are decisive for the contract.
3.2 The prices on the website and/or in the (mobile) application are inclusive of VAT and may vary due to any additional surcharges and ancillary costs in the checkout process.
3.3 The Provider is not bound by a price on the Website and/or in the (mobile) application if this is based on an obvious error and/or mistake.
4. ORDERING PROCESS AND CONTRACT
4.1 Before an order can be placed on the Website and/or in the (mobile) application, the Customer must enter his name, address and e-mail address on the Website and/or in the (mobile) application. The customer is responsible for entering the correct data in this regard.
4.2 The provider reserves the right to reject a customer (or their request) at any time without giving reasons.
4.3 The customer must select a payment method during the ordering process on the website and/or in the (mobile) application.
4.4 By placing an order on the website and/or in the (mobile) application, the customer guarantees that
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he has reached the age of 18 years or
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the consent of his parents or legal representatives has been obtained
and he is therefore entitled to conclude the contract.
4.5 Subject to the provision in Article 4.6, the contract is concluded at the time the customer accepts the offer by clicking on the order button in the order process on the website and/or in the (mobile) application and accepts the applicable terms and conditions.
4.6 Lula Card may, within the framework of the statutory provisions, obtain information as to whether the customer is in a position to fulfill his contractual payment obligations. If, on the basis of such information, there is a comprehensible reason for not concluding the contract, Lula Card is entitled to refuse the order, stating the reasons, or to impose special requirements on its execution.
5. PAYMENT
5.1 In view of the nature of the Provider's service, full payment of the price by the Customer is required before the product is delivered.
5.2 The customer can choose between different payment methods when ordering. One of these payment methods is the Lula Card. At the beginning of the ordering process and before the contract is concluded, the customer will be informed about the various payment methods. Depending on the payment method chosen, additional transaction costs may be charged. If applicable, this will be clearly communicated to the customer during the ordering process and before the contract is concluded.
5.3 The provider reserves the right to refuse delivery of the product without giving reasons despite the customer's payment. In this case, the provider will not collect the payment made by the customer or will refund the collected payment.
6. DELIVERY
6.1 After completing payment, the customer receives an order confirmation displayed on their computer screen and sent via email. This confirmation includes a link to the ordered products. Clicking the link will display the products on the customer's computer screen. The Vendor is not responsible or liable if the customer provides an incorrect email address.
6.2 The provider shall deliver the product to the customer without delay, at the latest within one hour of receipt of the customer's payment. The delivery period also depends on the selected payment method.
6.3 Each product is unique and can only be redeemed once with a third-party provider. Duplicating, modifying and/or redeeming the product again is not permitted and is considered fraudulent.
7. RIGHT OF REVOCATION
7.1 The provider's service is considered fulfilled upon delivering the link to the third-party product. Successful delivery is marked by the time the link is sent to the customer. At this point, the product is at the customer's disposal, and the order process is complete. The provider has no obligation to take back or replace third-party products after this time.
8. WARRANTY
8.1 The Provider warrants the Lula Cards and third-party products against defects in accordance with the statutory provisions.
8.2 In particular, the Provider warrants that the Third-Party Product obtained establishes a valid and enforceable claim against the respective Third-Party Provider for the purchase of the goods or services offered by this Third-Party Provider in the amount of the respective nominal value of the Third-Party Product. The redemption of the third-party product is governed by the general terms and conditions of the third-party provider
9. LIABILITY
9.1 The Provider shall be liable to the Customer in accordance with the statutory provisions.
9.2 Please store your Lula Card carefully and prevent unauthorized third parties from gaining knowledge of your Lula Card code. We accept no liability for the loss, theft or illegibility of Lula Cards for which we are not responsible.
10. OFFSETTING
The customer is only entitled to set-off or retention if the counterclaims asserted by him have been expressly recognized by the provider or have been legally established.
11. RIGHT OF REVOCATION
11.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (company, street, city, telephone, e-mail) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must send or return the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
Exclusion or premature expiry of the right of withdrawal
There is no right of withdrawal for deliveries of audio or video recordings (e.g. CDs, music or video cassettes) or computer software in sealed packaging if the seal has been removed after delivery. Furthermore, there is no right of withdrawal for goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. There is also no right of withdrawal for contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts. Please also note that product codes and serial numbers are deemed to have been used as soon as they have been sent and can no longer be returned. Furthermore, there is no right of revocation if and insofar as you have legally waived this right. The revocation is to be sent to:
LC Payment Systems and Services GmbH
Mergenthalerallee 79-81
65760 Eschborn
Germany
or support@lula.cards
Sender (customer):
_________________
_________________
_________________
To:
LC Payment Systems and Services GmbH
Mergenthalerallee 79-81
65760 Eschborn
by e-mail: support@lula.cards
Date:
Revocation
Ladies and Gentlemen,
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the goods described below:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Ordered on____________________ / received on _______________________
Name of the consumer/customer _________________________________
Address of the consumer/customer _________________________________
_________________________________
Place/ Date _________________________________
Signature _________________________________
(*) Delete as appropriate
12. PLACE OF JURISDICTION AND CHOICE OF LAW
12.1 If (i) the customer had his domicile or habitual residence in Germany when the contract was concluded and (ii) the customer has either moved his domicile out of Germany at the time the provider brings an action or the customer's domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of the provider, Frankfurt am Main. In all other respects, the statutory provisions shall apply.
12.2 German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply insofar as it does not deprive you of the protection afforded by mandatory provisions of the country in which you have your habitual residence.
13. SEVERABILITY CLAUSE
Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
14. DISPUTE RESOLUTION PROCEDURE
With Regulation (EU) No. 524/2013, the European Commission has created a platform for the out-of-court settlement of disputes, which can be accessed, for example, at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (information pursuant to Section 36 of the Consumer Dispute Resolution Act).
Part B: Redemption conditions for the Lula Card
(Status: July 2024)
The following redemption conditions ("GTC") apply in their most recent version to the redemption of our voucher products, such as Lula Card ("Lula Card") for the purchase of products from third-party providers ("third-party products") by the voucher holder ("customer", "you", "you"). Terms and conditions that conflict with or deviate from these GTC shall not apply unless the provider expressly agrees to their application in writing.
1. GENERAL
1.1 On the basis of these GTC, you purchase the third-party product you have ordered in exchange for redemption of your Lula Card. Your contractual partner is the provider.
1.2 We owe you the delivery of the third-party products ordered.
1.3 We are not obliged to offer certain third-party products in the long term. If we no longer offer a certain third-party product, purchased Lula Cards can no longer be used to purchase this third-party product. This also applies in the event that a third-party provider was advertised as a third-party provider when the Lula Card was purchased.
2. REDEEMING THE LULA CARD
2.1 To redeem your Lula Card, please go to the web address indicated on the Lula Card and follow the instructions given there. To purchase a third-party product, you will need the Lula Card code printed on the back of the Lula Card or printed on the receipt
2.2 After you have selected a third-party product and added it to your shopping cart, you must accept the General Terms and Conditions in order to continue the payment process. As soon as you have completed the payment process by clicking the "Buy" button, you submit the offer to purchase the third-party product by redeeming your Lula Card.
2.3 Your offer is accepted by confirming your order. You will receive a link to the third-party products you ordered by email. An exchange of these third-party products is no longer possible once the process has been completed. You can then redeem the third-party products directly from the respective providers. The Lula Card can be used multiple times until its remaining value is used up.
2.4 The Lula Card must be redeemed in your own name and for your own account. Redemption in the name of a third party is not permitted.
2.5 The provider reserves the right to suspend, block or subject the redemption of the Lula Card to an extended check if this is necessary to prevent money laundering and fraud crimes. If a customer is blocked by our system, the use of the Lula Card can be made possible again through a verification and authentication check.
2.6 The use of refunds, kick-back payments, discounts or other monetary benefits granted in connection with the purchase of the Lula Card, the purpose of which is to directly or indirectly obtain a discount on purchases in the third-party stores, is not permitted.
2.7 The purchase of the Lula Card for the purpose of resale or resale is only permitted with the prior written consent of the provider. This also includes the use of the Lula Card for the purchase of goods or services that are acquired for the purpose of resale or resale by redeeming the credit on one or more Lula Cards.
3. DELIVERY OF THE THIRD-PARTY PRODUCT
3.1 We will deliver your third-party product to you electronically within one working day of your order, usually within a few minutes.
3.2 We deliver the third-party product by email. It is not possible to collect the third-party product yourself.
4. LIABILITY, WARRANTY
4.1 The warranty of the provider (LC Payment Systems and Services GmbH) for the purchased third-party product is based on the statutory provisions. We also guarantee that the third-party product purchased by redeeming the Lula Card establishes an effective and enforceable claim against the respective third-party provider for the purchase of the goods and services offered by this third-party provider in the amount of the respective nominal value of the third-party product.
4.2 The liability of the provider (LC Payment Systems and Services GmbH) shall be governed by the statutory provisions.
4.3 For all complaints and questions in connection with the purchase of your third-party product as part of the redemption of your Lula Card (in particular questions about delivery or liability for defects), our service team is available to you during general business hours at support@lula.cards.
5. DISPUTE SETTLEMENT PROCEDURE
With Regulation (EU) No. 524/2013, the European Commission has created a platform for the out-of-court settlement of disputes, which can be accessed, for example, at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (information pursuant to Section 36 of the Consumer Dispute Resolution Act).