Terms & Conditions

General Terms and Conditions for Consumers (AGB) and Consumer Information

These terms and conditions (hereinafter "Terms") provide the exclusive basis for all justified legal relationships between

PAPA LOBSTER GmbH,

Roonstr. 15, D-32427 Minden Germany

Management: Mrs. Johanna Wallmann and Mrs. Antonia Schroeder

registered in the commercial register of the local court of Bad Oeynhausen under HRB 13792 B

(hereinafter "Provider")

and its non-business customers (see section 1.3) established via the online shop of the Provider at www.papalobster.com catalogues of the Provider, or by e-mail, fax, letter, telephone or other distance communication means.

The Terms also serve as basis for the fulfilment of statutory information and notification obligations towards consumers. All consumer information is communicated to the customer with the Terms after ordering also in text form (e.g., letter, fax, e-mail). Furthermore, customers can print or save the Terms at no cost. To that end, customers should highlight the relevant text and save or print it on their computer. The Provider refers to the data protection legal information and the corresponding privacy policy.

1. General

1.1 Pursuant to these Terms, customers shall be exclusively understood as consumers. Pursuant to § 13 BGB (German Civil Code), consumers shall be understood as natural persons who conclude a legal transaction for a purpose that is neither commercial nor attributable to their self-employed professional activity.

1.2 The applicable Terms shall be those in force at the time the order is placed.

1.3 These Terms shall not apply to entrepreneurs. Pursuant to § 14 BGB (German Civil Code), entrepreneurs shall be understood as natural or legal persons or a legal partnership that concludes a legal transaction for the purposes of their commercial or independent professional activity.

2. Conclusion of the contract

2.1 Provider and contractual partner for all orders shall be Papa Lobster GmbH, Roonstr. 15, D-32427 Minden, Germany, Management: Mrs. Johanna Wallmann and Mrs. Antonia Schroeder, registered in the commercial register of the local court of Bad Oeynhausen under HRB 13792 B.

2.2 The presentation of goods in the online store shall not be construed as a binding offer by the Provider. It is an invitation for the customer to submit a binding offer to the Provider.

2.3 Each customer's order constitutes a binding offer to conclude a purchase contract for the goods ordered. By clicking on the "Buy" button at the end of the ordering process in the online shop, customers submit an offer to purchase the goods held in the shopping cart. Customers can change their order and the data provided along with it at any time before clicking on this button. Thus, customers also accept that these Terms shall alone prevail in their legal relationship with the Provider.

2.4 The Provider shall confirm receipt of the order of the customer in writing (e-mail) and inform the latter of all contractual details. This confirmation shall not be construed as the binding acceptance of the order but serves only to inform customers that the Provider has received the offer.

2.5 The purchase contract shall only come into effect upon explicit order confirmation submitted by the Provider to the customer within three to five business days after ordering, or by submitting the ordered goods to the customer.

2.6 The order information shall be stored by the Provider. As explained in section 2.4, customers shall receive all relevant data of their order in written form, e.g., in the form of an e-mail that can be printed and / or saved.

2.2 The presentation of goods in the online store shall not be construed as a binding offer by the Provider. It is an invitation for the customer to submit a binding offer to the Provider.

2.3 Each customer's order constitutes a binding offer to conclude a purchase contract for the goods ordered. By clicking on the "Buy" button at the end of the ordering process in the online shop, customers submit an offer to purchase the goods held in the shopping cart. Customers can change their order and the data provided along with it at any time before clicking on this button. Thus, customers also accept that these Terms shall alone prevail in their legal relationship with the Provider.

2.4 The Provider shall confirm receipt of the order of the customer in writing (e-mail) and inform the latter of all contractual details. This confirmation shall not be construed as the binding acceptance of the order but serves only to inform customers that the Provider has received the offer.

2.5 The purchase contract shall only come into effect upon explicit order confirmation submitted by the Provider to the customer within three to five business days after ordering, or by submitting the ordered goods to the customer.

2.6 The order information shall be stored by the Provider. As explained in section 2.4, customers shall receive all relevant data of their order in written form, e.g., in the form of an e-mail that can be printed and / or saved.

3. Prices and payment terms

3.1 All prices in the online shop of the Provider shall be considered as final and contain all price components including applicable taxes (e.g., VAT).

3.2 Delivery and shipping charges include those indicated with any price quotation and upon checkout of the shopping cart; delivery and shipping charges additional to the price of the goods can be also be found at www.papalobster.com/pages/shipping-costs.

3.3 Customers may pay by credit card (VISA, Mastercard), Paypal and bank transfer.

3.4 Purchases on account, in instalments, or of sample products are not permitted. The statutory right of withdrawal (see para. 6 below) remains unaffected.

4. Delivery, Passing of Risk, Retention of Title

4.1 Good shall be delivered on the shipping routes to the delivery address specified by the Customer. All deliveries shall be shipped by default with the parcel service DHL (German Post AG) albeit UPS and DPD may occasionally be used.

4.2 The Provider shall usually accept the dispatch of purchased and fully paid goods within 24 hours but in no event later than five working days after receipt of payment.

4.3 Delivery of goods shall be at the risk of the Provider. The risk of accidental loss and accidental deterioration of the goods shall pass, also on purchase to destination, onto the customer upon delivery.

4.4 Goods shall remain the property of the Provider until full payment of the purchase price.

5. Warranty

5.1 Should the goods present obvious material or manufacturing defects, including transport damages, the Provider shall urge the customer to raise an immediate claim, if possible within 2 business days after receiving the goods. Failure by the customers to raise a claim immediately shall not affect their statutory rights.

5.2 For all defects arising during the statutory warranty period, customers shall be entitled at their discretion to raise statutory claims for subsequent fulfilment, defect remedial / replacement delivery, and - provided legal requirements are met - to further claims for reduction, withdrawal or damages, including compensation for damages in lieu of fulfilment, as well as compensation for futile expenses of the customer. 5.3 As the provider's products are all knitted on a handknitting loom, no product equals ecaxtly the other, so that small deviations to the pictures on the website may occur. This is no defect but shows the individuality of each handmade product.

6. Privacy policy

6.1 Personal data provided voluntarily by the customer upon ordering shall only be used in accordance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

6.2 Personal data of customers shall only be collected if and only if the customer voluntarily provide such data to the Provider in the use of the online shop. We shall process and transfer such data to third parties only if necessary for the implementation of the contractual relationship between the Provider and the customer. Data shall be accordingly forwarded to the shipping companies delivering the goods and - whenever necessary - to the financial institution or payment service responsible for payment processing. No further disclosure to third parties shall be allowed.

6.3 Customers shall always be entitled to free information about their stored personal data and to correction, blocking and deletion of data.

6.4 The Provider shall be entitled to create user profiles for purposes of advertising, market research or for tailoring its services by using pseudonyms by means of collected customer data. Customers shall be entitled to object to such use of their usage data.

6.5 Customers may review at any time the contents of the data protection notification within the meaning of this section 7 at https://www.polaboy.com/en/privacy.

6.6 Customers may submit to the Provider, at the address given above, any questions regarding the collection, processing or use of personal customer data, as well as data information, correction, blocking or deletion requests and the revocation of consents granted.

8. Final provisions

8.1 This contract shall be subject to the law of the Federal Republic of Germany, with the exception of the UN Sales Convention. The applicability of mandatory standards of the country where customers ordinarily reside upon contract conclusion remains unaffected by this choice of law.

8.2 Should one or more provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the terms and conditions in other respects.

Minden, December 2015

© PAPA LOBSTER GmbH