1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Luca Bonura, trading as “Luca Bonura Onlinehandel” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in relation to goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stated.

1.3 A “consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self‑employed.

1.4 An “entrepreneur” within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of its commercial or self‑employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer may submit the offer through the online order form integrated in the Seller’s online shop. Having placed the selected goods in the virtual shopping cart and completed the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by sending a written order confirmation or order confirmation in text form (fax or email), where timely receipt by the Customer is decisive, or

by delivering the ordered goods, where timely delivery to the Customer is decisive, or

by requesting payment from the Customer.

If several of the above alternatives occur, the contract is concluded at the moment the first alternative takes effect. The acceptance period begins the day after the Customer submits its offer and ends at the close of the fifth day following. If the Seller does not accept the Customer’s offer within this period, the offer is deemed rejected and the Customer is released from their declaration of intent.

2.4 If PayPal is chosen as the payment method, payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under PayPal's terms and conditions available online. If the Customer pays via a PayPal option, the Seller accepts the offer at the moment the Customer clicks the button that completes the order.

2.5 If “Amazon Payments” is selected, payment is handled by Amazon Payments Europe S.C.A., Luxembourg, under their terms. By completing the order process, the Customer simultaneously issues a payment order to Amazon, and the Seller accepts the offer upon completion.

2.6 When placing an order via the Seller’s online form, the contract text is stored by the Seller after conclusion and sent to the Customer in text form (e.g. email, fax or letter). The Seller does not make the contract text available beyond this.

2.7 Before submitting the order, the Customer can correct input errors by reviewing the information on the screen. A useful technical means is the zoom function of the browser. Inputs can be corrected via keyboard or mouse until the final button is clicked.

2.8 The contract is concluded in German.

2.9 Order processing and communication are generally conducted via email and automated systems. The Customer must ensure their email address is correct and able to receive emails from the Seller, and must configure spam filters accordingly.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated, the prices indicated on product pages are total prices including statutory VAT. Any additional delivery and shipping costs are specified separately.

4.2 The payment methods available are displayed to the Customer in the online shop.

4.3 If PayPal is used, it may rely on third-party payment services. For payment methods where the Seller advances payment (e.g. invoice or installment), the Seller assigns its payment claim to PayPal or its designated third-party provider. PayPal may conduct a credit check before the assignment. In case of rejection, the Seller may deny the payment option. The Customer then pays PayPal or the provider, and the Seller remains the contact for general customer inquiries.

4.4 If “Shopify Payments” is chosen, payment is processed via Stripe Payments Europe Ltd., Ireland. The shop lists which specific payment methods are available, and Stripe may use additional providers with their own terms, which will be communicated separately. More information is available online.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping, delivery is made within the stated delivery area to the Customer’s agreed address, unless otherwise arranged. The address provided during checkout is binding.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears reasonable costs incurred by the Seller. This does not apply to outbound shipping costs if the Customer validly exercises their right of withdrawal. Return shipping costs are governed by the cancellation policy.

5.3 For entrepreneurs, the risk of accidental loss or deterioration transfers to the Customer once the goods are handed over to the carrier. For consumers, the risk generally transfers upon delivery to the Customer or an authorized recipient. However, if the Customer, as a consumer, arranges the carrier and it is not named by the Seller, the risk transfer occurs when handed to the carrier.

5.4 The Seller reserves the right to withdraw from the contract if self‑supply fails, provided the Seller exercised reasonable care in entering cover transactions. The Seller will endeavor to procure the goods and inform the Customer promptly about any unavailability, refunding consideration without delay in full or partially.

5.5 Self‑collection is not possible for logistical reasons.

6) Retention of Title

The Seller retains ownership of the goods until full payment of the purchase price, if the Seller advanced payment.

7) Warranty for Defects (Liability for Defects)

Unless otherwise provided below, the statutory provisions apply. For goods contracts:

7.1 If the Customer is an entrepreneur:

The Seller may choose the form of remedy.

A one‑year limitation period applies for new goods' defect claims from delivery.

Defect claims are excluded for used goods.

Subsequent warranty does not restart the limitation period.

7.2 If the Customer is a consumer and used goods are delivered: A one‑year limitation applies if explicitly agreed and the Customer was informed beforehand.

7.3 The above limitations do not apply to:

Claims for damages or costs,

Intentional concealment of defects by the Seller,

Goods used in construction damaging the structure,

Obligations to provide updates for digital elements.

7.4 For entrepreneurs, statutory recourse rights’ limitation periods remain unaffected.

7.5 A merchant customer must perform inspection and complaint duties per § 377 HGB. If omitted, goods are deemed approved.

7.6 Consumers should notify the carrier of visible transport damage and inform the Seller. Failure to do so does not affect statutory or contractual defect rights.

8) Liability

The Seller’s liability towards the Customer for all contractual, quasi-contractual, statutory, or tort claims for damages or costs is as follows:

8.1 Unlimited liability on any legal grounds in cases of:

Intent or gross negligence,

Injury to life, body, or health (also negligent),

Guarantee promises,

Mandatory legal liability such as under the German Product Liability Act.

8.2 For negligent violation of essential contractual obligations, liability is limited to typical foreseeable damage unless § 8.1 applies. Essential obligations are those whose fulfillment enables proper execution of the contract and on which the Customer can regularly rely.

8.3 In all other respects, liability is excluded.

8.4 The above liability rules also apply to the Seller’s vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers issued free of charge by the Seller for a limited period can only be redeemed in the online shop and within that period.

9.2 Specific products may be excluded from promotions if stated on the voucher.

9.3 Only one promotional voucher may be redeemed per order, before checkout. Subsequent application is not possible.

9.4 The order value must meet the voucher amount; remaining credit will not be refunded.

9.5 If the voucher does not cover the full order value, another accepted payment method may be used for the balance.

9.6 Voucher credits are neither redeemable in cash nor interest‑bearing.

9.7 Vouchers paid with an active promotional voucher and returned under the right of withdrawal are not reimbursed.

9.8 Promotional vouchers are non‑transferable and meant exclusively for the named person. The Seller may (but is not obliged to) verify the bearer’s entitlement.

10) Redemption of Gift Vouchers

10.1 Paid gift vouchers may only be redeemed in the online shop unless specified otherwise.

10.2 Gift vouchers and remaining balances are valid until the end of the third year following the year of purchase. Remaining balances will be credited until expiration.

10.3 Only one gift voucher may be used per order, before checkout. Subsequent application is not possible.

10.4 Gift vouchers may be used only to purchase goods, not additional gift vouchers.

10.5 If the voucher does not cover the full amount, another accepted payment method may be used to cover the balance.

10.6 Voucher balances are neither redeemable in cash nor interest‑bearing.

10.7 Gift vouchers are transferable. The Seller may validly perform by paying the redeemer, unless the Seller knows or is grossly negligent regarding the redeemer’s lack of entitlement or capacity.

11) Applicable Law

All legal relationships are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. For consumers, this choice only applies insofar as consumer protection under the law of their habitual residence is not withdrawn.

12) Alternative Dispute Resolution

The Seller neither participates in nor is willing to participate in dispute resolution proceedings before a consumer arbitration board.

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