The following terms and conditions apply to all activities of Lockscape, owned by Pascal Buley, Vor dem Hagen 2 b, 30938 Burgwedel, Germany advertised on our homepage www.lockscape.com. This terms and conditions have been brought to the attention of all our customers through uploading them unto the homepage www.lockscape.com and form part of any agreement between the customer and us.
1.1 Lockscape offers customized virtual love locks. Customization is based on the information and requests of customers. Costs vary according the preferred design.
1.2 Customers chose a design on the homepage, add their names, dates and other significant information and will receive a personalized virtual love lock. Furthermore, customers are free to place the above mentioned love lock on a virtual map around the world.
1.3 Our virtual love locks are based on your specifications combining names, dates and other significant information to create a virtual love lock.
2. Establishing contractual obligations
2.1 During the course of your visit to our homepage you are free to select any of the designs on offer by clicking unto the Select Button.
2.2 Upon adding your names, dates and other significant information you will be given the opportunity to order the virtual love lock. Completion of the online process constitutes an invitation to treat. Please note that completion of the online process does not constitute our acceptance of your offer to purchase products from us.
2.3 Our acceptance of your order will take place only when we will send you an email detailing your order and summarizing your specifications. Prior to that we have the right to decline your order for any reason, including legal and regulatory reasons.
2.4 All prices on this homepage are subject to changes without prior notice. This includes prices of the actual product as well as the applicable VAT rate.
3. Cancellation of Agreement for consumers according to Para. 13 of the German Civil Code
3.1 Customers have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which customers or a third party nominated by them, other than the carrier, take possession of the goods.
3.2 In case of products specifically made based on customer`s wishes meant to fulfil customer’s individual ideas the customer is excluded from cancelling this contract in accordance with to Para. 312g Subpara. 2 No. 1 of the German Civil Code.
3.3 This exclusion shall be in operation whenever the virtual love lock and its design is based on customer`s specification, making the virtual love lock in question a unique product designed and to be used by the customer or third parties you designed it for only.
3.3 In all other cases to exercise customer`s right of cancellation, LockSape is to be informed at: Lockscape, owned by Pascal Buley, Vor dem Hagen 2 b, 30938 Burgwedel, Germany, Email: firstname.lastname@example.org within a unique declaration (e.g. a letter sent by mail or email) of customer`s decision to cancel this contract. The customer can optionally use the attached sample cancellation form. The customer can also fill out and submit the sample cancellation form or any other unique declaration, electronically, on our website. Once the customer has made use of this possibility, we will send the customer confirmation of the receipt of such cancellation immediately (e.g. by email). To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
3.4 Consequences of cancellation: If the customer cancel this contract, we are obliged to repay all payments that we have received from the customer including delivery charges without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that the customer used in the original transaction, unless something else has been expressly agreed with the customer; in no instances will fees be charged for this repayment.
3.5 We may refuse to refund payments until we have received the goods again or until the customer have demonstrated that he has returned the goods, whatever is sooner. The customer must return or hand over the goods promptly and in any case no later than fourteen days from the date on which he has informed us about the cancellation of this agreement. The deadline is guaranteed, if the customer sends the goods before expiration of the fourteen-day period.
END OF INSTRUCTION ABOUT YOUR RIGHT OF CANCELLATION
4.1 All available and accepted means of payment will be stipulated on the homepage.
5.1 Customers are using this homepage at their own risk. Based on the state of the art, the risk of an unforeseeable breakdown of the homepage cannot be ruled out. In the event of an unforeseeable breakdown of the homepage, we shall keep the user informed as far as feasible at reasonably expectable expenditure within the scope of existing technical possibilities. We shall inform users of impending maintenance work on the homepage and the presumable duration of such work by posting messages on the homepage, taking the rightful interests of users into due consideration during the execution of such work.
5.2 We do not guarantee access to the homepage. We do not guarantee that any product displayed on this homepage is complete or accurate. We reserve the right to change this homepage and the products displayed on it anytime without prior notice.
5.3 All content is on offer “as seen” by you, there are no warranties, no assurances.
5.4 Our virtual love locks are done according to the customer’s own specifications using information provided by them. We do not assume any responsibility for the correctness of said information. In case of any malperformance on our side or any third party supervised by us we shall accepted responsibility and replay the dysfunctional virtual love lock with a fully functional horoscope.
6. Data Protection
6.1 In terms of data protection we would like to draw customer’s attention to the data protection statement available on our homepage.
7. Intellectual Property Rights
7.1 All rights, including copyright and other intellectual property rights, in and to this homepage are owned by or licensed to us.
7.2 The customer`s use of the homepage and its contents grants no rights to him in relation to our intellectual property rights, or that of third parties, in the homepage or its contents. By submitting information, text, photos, graphics or other content to the homepage the customer confirm that he has the right to use the same and grant us a right to use such materials at our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the homepage.
7.3 The customer may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way this homepage or materials on the homepage or the computer codes or elements comprising the homepage other than solely for your own personal use. The customer may not use the content of this homepage for any commercial purposes whatsoever.
7.4 In case of any commercial use of any content of this homepage without our prior consent the customer will be liable to a fixed penalty for each incident judged on the gravity of such unlawful use. Every use for commercial purposes without our prior written consent will be brought to the attention of the authorities triggering civil and criminal charges.
8. Limitation of Liability
8.1 We shall be liable to the customer in all cases of contractual and extra-contractual liabilities for intent or gross negligence in accordance with statutory provisions relating to damages or reimbursement of frustrated expenditure.
8.2 In other cases, our liability only applies to a breach of a contractual obligation the fulfillment of which is a material prerequisite for the execution of the agreement and on whose fulfillment the user may generally rely; such liability shall be limited to the compensation of foreseeable and typical damages.
8.3 In all other cases liability on our part shall be excluded subject to liability for damages resulting from injury to life, limb or health.
8.4 Under no circumstances do we guarantee access to or quality of this homepage. We do not accept liability for any loss of data, late or incomplete transmission of data connected with the use of this homepage.
9. Subject to Change
9.1 We may change this terms and conditions anytime.
9.2 All customers will be notified within thirty days of changes to this terms and conditions. They will further be notified that continuing to use this homepage constitutes approval of said changes.
9.3 Continuing to use this homepage indicates approval of said changes and will be deemed sufficient.
10.1 Only the customer shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions.
10.2 These terms and conditions are the sole contract in force between the customer and us in connection with our homepage and the services provided on that homepage. These terms and conditions replace all other agreements in force up to date.
10.3 If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
11.1 All agreement and their terms shall be construed according to German law. The laws of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
11.2 If the English legal meaning differs from the German legal meaning of this agreement and its terms, the German meaning shall prevail.
11.3 As far as legally permissible, the sole place of jurisdiction for all disputes in connection with any agreement shall be Burgwedel / Germany.
11.4 The European Commission offers consumers a means to resolve disputes between consumers and companies arising from the use of the internet for shopping purposes. Please visit http://ec.euopa.eu/consumers/odr/ to find out more and to take advantage of this offer.
Last updated: July 2016