Terms of service
GENERAL TERMS AND CONDITIONS (GTC)
Lune Ndiaye
Version: February 2025
IMPORTANT: We keep the right to fully refund your purchase and cancel your order anytime before the item arrives at your address. If you live in the US, you might have to pay tariffs on arrival. Inform yourself on the possible fees. These may even include courier tariff fees. Feel free to reach out to us.
§ 1 SCOPE AND PROVIDER
(1) These General Terms and Conditions (hereinafter "GTC") apply to all orders you place as a customer with Lune Ndiaye via the online shop. The online shop is operated by:
Owner: Alioune Ndiaye, operating under the business name "Lune Ndiaye"
Address: Mira e.V., Zur Bettfedernfabrik 3, 30451 Hannover, Germany
Phone: +49 1520 3997808
E-Mail: kontakt@lune-ndiaye.com
Small business owner according to § 19 UStG (VAT exemption)
(2) Deviating, conflicting, or additional general terms and conditions of the customer do not become part of the contract unless their validity is explicitly agreed in writing.
(3) These GTC apply to all orders worldwide. Depending on your location, additional statutory consumer protection rights may apply, which are not restricted by these GTC.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of goods in the online shop does not constitute a legally binding offer but a non-binding invitation to order.
(2) By clicking the "Buy Now," "Order with Obligation to Pay," or similar buttons, you place a binding order for the goods contained in the shopping cart. Orders can also be placed by phone or e-mail.
(3) We will confirm the receipt of your order immediately by e-mail (order confirmation). This order confirmation does not yet constitute acceptance of the contract.
(4) The purchase contract is concluded only when we ship the goods and send you the shipping confirmation by e-mail or when we expressly accept your order.
§ 3 PRICES, CURRENCIES, AND PAYMENT TERMS
(1) All prices indicated in the online shop are final prices. Prices may be displayed in different currencies (EUR, USD, CHF, GBP, CAD, etc.). Currency conversion is carried out by Shopify based on current exchange rates.
(2) As a small business owner according to § 19 (1) UStG, no VAT is charged for deliveries within Germany and therefore not shown.
(3) For deliveries to countries outside Germany, additional taxes (e.g., VAT, customs duties, import fees) may apply and are to be borne by the customer. Please inform yourself about the import regulations in your country.
(4) In addition to the stated prices, shipping costs may apply. Shipping costs will be clearly displayed on a separate information page and during the ordering process.
(5) The following payment methods are available (depending on your location):
• Credit Card (Visa, Mastercard, American Express)
• Debit Card
• PayPal
• Klarna / Instant Transfer
• Shop Pay
• Apple Pay
• Google Pay
• Other local payment methods provided by Shopify Payments
(6) Payment processing is carried out via our payment service providers (Shopify Payments, Stripe, PayPal). Your payment data is transmitted directly to them and is not stored on our servers.
§ 4 DELIVERY AND SHIPPING
(1) Delivery is made to the delivery address you provide worldwide. We ship to the following regions:
• Germany
• European Union (all EU countries)
• Switzerland and United Kingdom
• USA and Canada
• Other countries on request
(2) The estimated delivery time is usually:
• Germany: 3–7 business days after receipt of payment
• EU countries: 5–10 business days after receipt of payment
• Switzerland/UK/USA/Canada: 7–14 business days after receipt of payment
• Other countries: 10–21 business days after receipt of payment
Unless a longer delivery time is indicated. In exceptional cases, delays may occur. For prepayment, the delivery period begins on the day after the payment order is issued.
(3) Shipping costs depend on weight, size, and destination country and will be displayed in your chosen currency before completing the order.
(4) For shipments outside the EU, customs duties, import VAT, and fees may apply and must be borne by the recipient.
§ 5 RETENTION OF TITLE
The delivered goods remain our property until full payment of the purchase price.
§ 6 RIGHT OF WITHDRAWAL FOR CONSUMERS
6.1 WITHDRAWAL INSTRUCTION
Right of Withdrawal
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, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us:
Lune Ndiaye
Alioune Ndiaye
Mira e.V., Zur Bettfedernfabrik 3
30451 Hannover, Germany
E-Mail: kontakt@lune-ndiaye.com
Phone: +49 1520 3997808
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 may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for the additional costs resulting from choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we receive the notification of your withdrawal. We will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have provided evidence of having sent back the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal. The deadline is met if you send the goods before the period of fourteen days expires.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if this loss of value is due to handling the goods in a way not necessary to check their nature, characteristics, and functioning.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not exist or expires for contracts:
for the delivery of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer (e.g., personalized paintings or artworks according to customer specifications).
— End of Withdrawal Instruction —
6.2 MODEL WITHDRAWAL FORM
(If you wish to withdraw from the contract, please fill out this form and return it.)
To:
Lune Ndiaye
Alioune Ndiaye
Mira e.V., Zur Bettfedernfabrik 3
30451 Hannover, Germany
E-Mail: kontakt@lune-ndiaye.com
Hereby I/we () withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notified on paper)
Date
(*) Delete as appropriate.
6.3 NOTES FOR CUSTOMERS OUTSIDE THE EU
For customers outside the European Union, the respective statutory return rights of your country apply. Please inform yourself about your local consumer rights. To know if you have return rights, read our return policy.
§ 7 WARRANTY
(1) The statutory warranty rights apply.
(2) For artworks, minor deviations in color, structure, and size may occur due to craftsmanship and do not constitute a defect.
§ 8 LIABILITY
(1) We are fully liable for intent and gross negligence, as well as under the Product Liability Act.
(2) In the case of slight negligence, we are only liable for breach of an essential contractual obligation, the fulfillment of which makes proper execution of the contract possible at all and on whose compliance the contract partner regularly relies (cardinal obligation). Liability is limited to the typical, foreseeable contractual damage.
(3) Liability for damages from injury to life, body, or health remains unaffected.
(4) To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and vicarious agents.
§ 9 COPYRIGHT
(1) All content presented on this website, in particular texts, photographs, graphics, and artworks, is protected by copyright.
(2) By acquiring an artwork, you do not acquire the copyrights to the work. Reproduction, editing, distribution, and any type of exploitation outside the limits of copyright law require the written consent of the artist.
§ 10 DISPUTE RESOLUTION
(1) The European Commission provides a platform for online dispute resolution (ODR), which can be found at:
https://ec.europa.eu/consumers/odr/
(2) We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(3) For customers in the USA: These GTC are governed by German law. Customers in California additionally have rights under the California Consumer Privacy Act (CCPA) – see our privacy policy.
§ 11 DATA PROTECTION
The processing of your personal data is carried out in accordance with statutory provisions, in particular the General Data Protection Regulation (GDPR) for EU customers, UK GDPR for UK customers, CCPA/CPRA for California customers, and other applicable data protection laws. Details can be found in our privacy policy.
§ 12 FINAL PROVISIONS
(1) Contracts between us and consumers in the EU are subject to the law of the Federal Republic of Germany, excluding UN sales law. This choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
(2) For customers outside the EU: The applicable law is determined by the statutory provisions of your country, insofar as these are mandatory. Otherwise, German law applies.
(3) If the customer is a merchant, a public-law legal entity, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is Hannover, Germany.
(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.Version: February 2025
Lune Ndiaye | Alioune Ndiaye | kontakt@lune-ndiaye.com